Board Actions 09-10

July 20, 2009

 
Decisions:
Mr. McEnaney moved and Mr. Cronin seconded that the Board of Trustees adopt the Application for Charter Renewal as attached.  The Board authorizes Ms Cullen Hamzeh to exercise editorial license prior to submission provided there are no substantives changes to the application and/or annual report. 
 
Yeas: 6 Nays: 0 Abstain 0  Motion Passes
 
Decision: Chair moved and Mr McEnaney seconded that the Board adjourn to executive session under exception 3 of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose to discuss strategy with respect to litigation.
 
Mr.  Ronchi -- Yes, Mr.  McEnaney -- Yes, Ms Canavan -- Yes, Mr. Fauci -- Yes, Mr. Cronin -- Yes, Ms Cullen Hamzeh -- Yes  Motion passes
 
September 3rd, 2009
 
Decision: Mr. McEnaney moved and Dr. Sullivan seconded a motion to approve the minutes of the May 7, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 6 Nays: 0 Abstain 0 Motion Passes
 
Decision: Mr. McEnaney moved and Mr. Sousa seconded a motion to approve the minutes of the June 4, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 6 Nays: 0 Abstain 0 Motion Passes
 
Decision: Mr. McEnaney moved and Mr. Cronin seconded a motion to approve the minutes of the July 20, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 5 Nays: 0 Abstain 1 Motion Passes
 
Decision: Mr. McEnaney moved and Mr. Cronin seconded a motion to approve the minutes of the August 31, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 5 Nays: 0 Abstain 1 Motion Passes
 
Decision: Ms Canavan moved and Dr. de Koning seconded that the Board of Trustees adopt the goals stated below and that the Chair will disseminate a hard copy of the goals to each of the Trustees. 
  • Secure Charter Renewal
  • Govern the School Efficiently and Effectively. 
    • Trustee Training
    • Add two new members to the Board of Trustees
    • Succession Planning (Leadership)
  • Implement a Strong Financial Plan
    • Rebuild working capital
    • Create a detailed plan to increase non-tuition income to 10% of the School’s revenue
  • Lead the School in embracing the promises of the School’s Charter and Mission
    • Hire a Managing Director
    • Develop plan for community outreach
  • The School’s Facilities will enable the accomplishment of the School’s Mission. 
    • Prepare and Submit Charter Amendment Application
    • Create detailed project plan regarding the expansion   
Yeas: 8 Nays: 0 Abstain 0 Motion Passes
 
Decision: Mr. McEnaney moved and Dr. de Koning seconded that the Board of Trustees authorize the School to renew its revolving line of credit with Boston Private Bank and Trust and that Ms. Nina Cullen-Hamzeh and Mr. Jeff Barry are authorized signatories of the document along with Mr. Emil Ronchi, Board Chairman. 
 
Yeas: 7 Nays: 0 Abstain 0 Motion Passes
 
Decision: Ms Canavan moved and Mr. Cronin seconded that the Board of Trustees vote to retain the services of the law firm of Hollander and Carey LLP for legal services as necessary to represent the School in legal matters at the agreed upon contracted hourly rate of $195/hour for three years, beginning September 4, 2009 to September 3, 2012, not including out of pocket expenses and excluding those matters that are currently being handled by attorney Barbara Buell. 
 
Yeas: 6 Nays: 1 Abstain 0 Motion Passes
 
Decision: Chair moved and Mr. McEnaney seconded that the Board adjourn to executive session under exception 3 of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose to discuss strategy with respect to litigation.
 
Mr. Ronchi -- Yes, Dr. Sullivan – Yes, Mr. McEnaney -- Yes, Ms Canavan -- Yes, Mr. Sousa – Yes, Mr. Cronin -- Yes, Dr. de Koning – Yes, Motion passes
 
October 1, 2009
 
Decision: Mr. McEnaney moved and Dr. de Koning seconded a motion to approve the minutes of the September 3, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 7 Nays: 0 Abstain   Motion Passes
 
Decision: Mr. McEnaney moved and Mr. Sousa seconded a motion that the Board of Trustees create a Task Force of the Board under Article VI, Section 1 of the By Laws to be called the Expansion Task Force. The Expansion Task Force shall prepare reports to be submitted and presented by its chair, or a representative designated by its chair, to the Board at each regularly scheduled Board meeting, or as may be required by the Board at special and/or emergency meetings beginning with the November 2009 Regular Meeting and continuing until the June 2010 Regular Meeting. The Expansion Task Force will be dissolved at the close of the June 2010 Regular Meeting unless the Board of Trustees reauthorizes the Task Force and provides specific guidance and direction for continued work. 
 
The Task Force will include at least 7 and not more than 11 members, and shall be appointed by the Chair of the Board of Trustees so long as the Task Force includes at least one member each from the existing Finance, Governance, Personnel, and Community Relations Committees as well as at least on current faculty or staff member of the school, and one parent of a current student at the school. The Chair of the Board of Trustees, the Academic Director, and Managing Director will all be ex officio members of the Task Force.
 
The Task Force shall be responsible for:
 
a) Developing and presenting to the Board of Trustees a plan to implement the goal of expanding the School
b) Upon approval of a plan, overseeing the work necessary to execute the plan
c) Periodically evaluate its work as a Task Force and the objectives it has committed itself to and report on same to the Board;
d) Report to the Board at each regular meeting in a manner determined by the Board; and
e) Develop necessary policies and procedures, which shall be approved by the Board, to accomplish these duties.
 
Yeas: 8 Nays: 0 Abstain 0 Motion Passes
 
November 5, 2009
 
Decision: Mr. McEnaney moved and Mr. Sousa seconded a motion to approve the minutes of the October 1, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 6 Nays: 0 Abstain 1 Motion Passes
 
Decision: Mr. McEnaney moved and Dr. Sullivan seconded a motion to approve the minutes of the October 15, 2009 Special Meeting of the Board of Trustees.
 
Yeas: 6 Nays: 0 Abstain 1 Motion Passes
 
Decision: Mr. McEnaney moved and Dr Sullivan seconded that the Board adjourn to executive session under exception seven of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose of reviewing, approving, and determining the release status of the Executive Session Minutes for May 1 2008 and July 20, 2009.
 
Ms Canavan, Yes; Ms Vaucher, Yes; Mr. Ronchi, Yes; Mr. McEnaney, Yes; Ms Cullen Hamzeh, Yes.   Mr. Cronin, Yes. Mr. Sousa, Yes. Dr Sullivan, Yes. Dr de Koning, Yes  Motion passes
 
December 3 2009
 
Decision: Mr. McEnaney moved and Dr. Sullivan seconded a motion to approve the minutes of the November 5, 2009 Regular Meeting of the Board of Trustees.
 
Yeas: 7 Nays: 0 Abstain 0 Motion Passes
 
Decision: Ms. Vaucher moved and Mr. Cronin seconded that the Board reappoint Mr. Emil Ronchi as a Class C trustee, to fill a three year term commencing at the close of the January 2010 Regular Meeting of the Board of Trustees, and expiring at the close of the January 2013 Regular Meeting of the Board of Trustees.  
 
Yeas: 7 Nays: 0 Abstain 1 Mr. Ronchi recused himself. . Motion Passes
 
Decision: Ms Vaucher moved and Mr. Cronin seconded that the Board reappoint Mr. John McEnaney as a Class C trustee, to fill a three year term commencing at the close of the January 2010 Regular Meeting of the Board of Trustees, and expiring at the close of the January 2013 Regular Meeting of the Board of Trustees.  
 
Yeas: 7 Nays: 0 Abstain 1 Mr. McEnaney recused himself. Motion Passes
 
Decision: Ms Vaucher moved and Ms Cullen Hamzeh seconded that the Board reappoint Dr. John Sullivan as a Class C trustee, to fill a three year term commencing at the close of the January 2010 Regular Meeting of the Board of Trustees, and expiring at the close of the January 2013 Regular Meeting of the Board of Trustees.  
 
Yeas: 7 Nays: 0 Abstain 1 Dr Sullivan recused himself. Motion Passes
Decision: Ms. Vaucher moved and Ms. Canavan seconded a motion that the Board appoint Mr. Bill Sullivan as a Class B trustee, to fill a two year term commencing immediately upon approval by the Department of Elementary and Secondary Education, and expiring at the close of the January 2012 Regular Meeting of the Board of Trustees.  
 
Yeas: 8 Nays: 0 Abstain 1 Motion Passes
 
Decision: Ms Vaucher moved and Mr. McEnaney seconded a motion to invite the newly appointed Trustee Mr. Sullivan to all Board meetings and activities while his approval is pending with the Department of Elementary and Secondary Education. Mr. Sullivan will be entitled to participate as provisional Trustee and will be able to participate in all activities and discussions, but will not be permitted to vote on any matter until he receives formal approval from the Department of Elementary and Secondary Education, and will not be counted when determining a quorum.
 
Yeas: 9 Nays: 0 Abstain 0 Motion Passes
 
Dr de Koning arrived, and the Chair removed the previous motion from the table
 
Decision: Mr. McEnaney moved and Mr. Ronchi seconded that the Board reappoint Dr. Alice de Koning as a Class C trustee, to fill a three year term commencing at the close of the January 2010 Regular Meeting of the Board of Trustees, and expiring at the close of the January 2013 Regular Meeting of the Board of Trustees.  
 
Yeas: 8 Nays: 0 Abstain 1 Dr. de Koning recused herself. Motion Passes
Decision: Mr. Sousa moved and Mr. McEnaney seconded that the Board authorized the Personnel Committee to begin the formal search process for a Managing Director and that the Board authorize up to $5,000 to support that search. The Chair of the Personnel Committee is responsible for allocating these funds. 
 
Yeas: 8 Nays: 0 Abstain 1. Mr. Bill Sullivan did not vote. Motion Passes
Decision: Mr. McEnaney moved and Mr. Cronin seconded a motion that the Board of Trustees create a Task Force of the Board under Article VI, Section 1 of the By Laws to be called the Development Planning Task Force.  The Development Planning Task Force shall prepare reports to be submitted and presented by its chair, or a representative designated by its chair, to the Board at each regularly scheduled Board meeting, or as may be required by the Board at special and/or emergency meetings beginning with the February 2010 Regular Meeting and continuing until the June 2010 Regular Meeting.  The Development Task Force will be dissolved at the close of the June 2010 Regular Meeting unless the Board of Trustees reauthorizes the Task Force and provides specific guidance and direction for continued work. 
 
The Task Force will include at least 5 and not more than 9 members, and shall be appointed by the Chair of the Board of Trustees so long as the Task Force includes at least one current faculty or staff member of the school and one parent of a current student at the school.  The Chair of the Board of Trustees and the Managing Director will each be ex officio members of the Task Force.
 
The Task Force shall be responsible for:
 
a) Providing answers to the following inquires from the Board of Trustees:
·         What are best practices among Charter Schools in regards to development?
-- How do Boards establish mid and long range development goals
-- What are some suggested relationships between the Board of Trustees, the School Administration and the MCCPS Educational Foundation regarding development activities
-- How is such a relationship reflected in other Charter Schools that have been successful in development. 
·         Gather and analyze data on non-PPE funding at other Charter Schools, both in and out of Massachusetts
·         Identify what it is that MCCPS does that is marketable/saleable that would garner support – what aspects of the curriculum or programs could bring in significant donations. 
·         As we move forward in recruiting a full time managing director, how can we integrate our development efforts into that recruiting process. 
 
b) Developing and presenting to the Board of Trustees a plan to annually generate non-tuition income of at least $275,000 
 
c) Periodically evaluate its work as a Task Force and the objectives it has committed itself to and report on same to the Board;
 
d) Report to the Board at each regular meeting in a manner determined by the Board; and
 
e) Develop necessary policies and procedures, which shall be approved by the Board, to accomplish these duties.
 
Yeas: 9 Nays: 0 Abstain 0 Mr. Bill Sullivan did not vote. Motion Passes
Decision: Mr. McEnaney moved and Mr. Cronin seconded that the Board adjourn to executive session under exception seven of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose of reviewing, approving, and determining the release status of the Executive Session Minutes for June 5, 2008, July 17, 2008, August 7, 2008, February 25, 2009, March 12, 2009, September 3, 2009, and November 5, 2009.
 
Ms Canavan, Yes; Ms Vaucher, Yes; Mr. Ronchi, Yes; Mr. McEnaney, Yes; Ms Cullen Hamzeh, Yes.   Mr. Cronin, Yes. Mr. Sousa, Yes. Dr Sullivan, Yes. Dr de Koning, Yes Mr. Bill Sullivan did not vote Motion passes
 
January 7th, 2010
 
Decision: Dr Sullivan moved and Mr. McEnaney seconded a motion that the Board of Trustees accept and approve the Report of the School’s Auditors for the fiscal year ending June 30, 2009.
 
Yeas: 8 Nays: 0 Abstain 0 Motion Passes.    Mr. William Sullivan did not vote. 
 
Decision: Dr. Sullivan moved and Dr. de Koning seconded a motion that the Board of Trustees increase the Personnel: Salaries line item on the FY 2010 budget by $5,500.00 effective immediately. 
 
Yeas: 6 Nays: 0 Abstain 2 Motion Passes.  Mr. McEnaney and Mr. Cronin abstained. Mr. William Sullivan did not vote.
 
February 4th, 2010
 
Decision: Mr. McEnaney moved and Dr. de Koning seconded a motion that the Board of Trustees direct the School Administration to present two proposed FY 11 budgets to the Board  -- one that includes a full time Academic Director and a full time Managing Director, and a second that includes a full time Academic Director only. 
 
Yeas: 8 Nays: 1 Abstain 0 Motion Passes.     
 
Decision: Mr. McEnaney moved and Ms. Vaucher seconded that the Board adjourn to executive session under exception 3 of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose to discuss strategy with respect to litigation.
 
Mr. Ronchi -- Yes, Ms Vaucher – Yes, Dr. J. Sullivan – Yes, Mr. McEnaney -- Yes, Ms Canavan -- Yes, Mr. Cronin -- Yes, Dr. de Koning – Yes, Mr. W. Sullivan – Yes, Ms Cullen-Hamzeh – Yes   Motion passes
 
March 11, 2010
 
Decision: Mr. McEnaney moved and Dr. Sullivan seconded a motion to approve the minutes of the January 7, 2010 Regular Meeting of the Board of Trustees.
 
Yeas: 7 Nays: 0 Abstain 0 Motion Passes
 
Decision: Mr. McEnaney moved and Ms Vaucher seconded a motion that the Board of Trustees ratify all actions of the Board at the January 7, 2010 Regular Meeting of the Board of Trustees.
 
Yeas: 7 Nays: 0 Abstain 0 Motion Passes
 
Decision: Mr. McEnaney moved and Mr. B. Sullivan seconded a motion to approve the minutes of the February 4, 2010 Regular Meeting of the Board of Trustees.
 
Yeas: 7 Nays: 0 Abstain 0 Motion Passes.
 
Decision: Mr. Ronchi moved and Dr. de Koning seconded that the Board of Trustees accept the recommendation of the Personnel Committee that based on her mid year performance review, Ms Cullen Hamzeh is making adequate progress at meeting or exceeding the requirements as set out in the Goals and Indicators for the Academic Director for the 2009 – 2010 School Year
 
Yeas: 5 Nays: 0 Abstain 1 Ms Cullen Hamzeh abstained  Motion Passes.
Decision: Mr. McEnaney moved and Mr. Cronin seconded that the Board of Trustees authorize a sum of $500.00 to provide Trustee Training on the new Open Meeting Law and on state ethics law regarding conflicts of interest, to be provided by School Counsel and to be held by the May regular meeting. The Chair of the Board of Trustees is responsible for allocating these funds. 
 
Yeas: 8 Nays: 0 Abstain 0 Motion Passes.
 
Decision: Mr. McEnaney moved and Ms. Vaucher seconded that the Board adjourn to executive session under exception seven of the Open Meeting Law, MGL Chapter 30A Section 11A1/2 for the express purpose of reviewing, approving, and determining the release status of the Executive Session Minutes for February 4, 2010.
 
Ms Canavan, Yes; Ms Vaucher, Yes; Mr. Ronchi, Yes; Mr. McEnaney, Yes; Ms Cullen Hamzeh, Yes.   Mr. Cronin, Yes. Dr de Koning, Yes Mr. Bill Sullivan, Yes Motion passes
 
April 1, 2010
 
Decision: Mr. McEnaney moved and Mr. B. Sullivan seconded a motion to approve the minutes of the March 11, 2010 Regular Meeting of the Board of Trustees.
 
Yeas: 7 Nays: 0 Abstain 0 Motion Passes.
 
Decision: Ms. Vaucher moved and de Koning seconded a motion that the Board appoint Ms. Carmi Paris a Class C trustee, to fill a three year term commencing immediately upon approval by the Department of Elementary and Secondary Education, and expiring at the close of the January 2013 Regular Meeting of the Board of Trustees.  
 
Yeas: 8 Nays: 0 Abstain 0 Motion Passes
 
Decision: Mr. McEnaney moved and Dr. de Koning seconded a motion to invite the newly appointed Trustee Ms. Paris to all Board meetings and activities while her approval is pending with the Department of Elementary and Secondary Education. Ms. Paris will be entitled to participate as provisional Trustee and will be able to participate in all activities and discussions, but will not be permitted to vote on any matter until she receives formal approval from the Department of Elementary and Secondary Education, and will not be counted when determining a quorum.
 
Yeas: 8 Nays: 0 Abstain 0 Motion Passes
 
May 6, 2010
 
Decision: Dr. Sullivan moved and Ms Cullen Hamzeh seconded that the Board of Trustees approve the Finance Committee Recommended FY 11 Budget, as attached (version 1) representing a level service budget without hiring a full time Managing Director. 
 
Mr. Bill Sullivan and Mr. Matt Cronin departed the meeting. 
 
Ms Cullen Hamzeh challenged Mr. McEnaney’s participation in the discussion based on Conflict of Interest. Mr. McEnaney stated he did not believe there was a conflict of interest. Mr. Ronchi stated that based on advice he received from School Counsel prior to the meeting, Mr. McEnaney was not conflicted, and that there was no reason for him to excuse himself from the discussion. 
 
Mr. Ronchi disclosed that his children are in the remedial and accelerated math program. 
 
Dr. Sullivan provided a summary of the Finance Committee Approved Budget, as well as the alternative budget scenario including a Managing Director. Ms Cullen Hamzeh provided insight into the impacts of likely program cuts based on the Managing Director scenario budget. She addressed question from Trustees about the specifics of such impacts. 
 
There was extensive discussion among Trustees about the impact of program cuts versus the impact of not having a managing director.    
 
Decision: Ms Vaucher moved and Dr. Sullivan seconded to amend the motion to include the requirement for the Board to review the financial situation the position of the Managing Director in September, 2010 and December of 2010.  
 
Yeas: 7 Nays: 0 Abstain 0 Amendment Passes. Mr. Zimman did not vote
ecision: Ms Cullen Hamzeh moved and Ms Paris seconded that the Board of Trustees amend the motion to fund up to $10,000 to support a part time Interim Managing Director position. 
 
Yeas: 4 Nays: 2 Abstain 0  Mr. McEnaney Abstained Amendment Passes. Mr. Zimman did not vote
 
 
Decision: Dr. Sullivan moved and Ms Cullen Hamzeh seconded that the Board of Trustees approve the Finance Committee Recommended FY 11 Budget, as attached (version 1) representing a level service budget without hiring a full time Managing Director. The Board of Trustees will review the financial situation the position of the Managing Director in September 2010 and December of 2010.   The Board of Trustees will fund up to $10,000 to support a part time Interim Managing Director position. 
 
Yeas: 5 Nays: 1 Abstain 0  Mr. McEnaney Abstained Motion Passes. Mr. Zimman did not vote
 
June 3, 2010
 
Decision: Mr. McEnaney moved and Mr. B. Sullivan seconded a motion to approve the minutes of the April 1, 2010 Regular Meeting of the Board of Trustees.
 
Yeas: 6 Nays: 0 Abstain 2 Motion Passes
 
Decision: Mr. McEnaney moved and Mr. B. Sullivan seconded a motion to approve the minutes of the April 15, 2010 Special Meeting of the Board of Trustees.
 
Yeas: 6 Nays: 0 Abstain 2 Motion Passes
 
Decision: Mr. McEnaney moved and Mr. B. Sullivan seconded a motion to approve the minutes of the May 6, 2010 Regular Meeting of the Board of Trustees as corrected.
 
Yeas: 5 Nays: 0 Abstain 3 Motion Passes
 
Mr. Ronchi moved, and Mr. McEnaney seconded that the Board of Trustees adopt the following statement as a formal action of the Board. 
Whereas the planned expansion requires taking on significant financial risk, including high levels of debt, in a funding environment that is insecure and unstable due to economic and political factors, with an approved budget having near zero operating surplus and a reduction in administrative capacity, aand a state law currently under consideration that would severely impact our financial security, and
 
whereas the developing intention of MCCPS is to own the facility in which it conducts operations, and the financial capacity of MCCPS to purchase this or another suitable property would be diminished by completing leasehold improvements to the property of a third party, and
 
whereas the level of interest and excitement for a charter school third-grade option within the district we serve has been satisfactory but not overwhelming given the current educational opportunities and programs within the district, and
 
whereas relations with the district school have been improving and cooperative practices have developed that benefit both MCCPS and the district schools and community at large; expanding to include third grade threatens those positive developments,
 
be it resolved that MCCPS discontinue all efforts to plan, prepare, and deliver a charter amendment to include expansion to third grade, and cease all other preparations for the expansion, including but not limited to preparations to lease, finance and improve additional space.
Ms Canavan – Yes; Dr. John Sullivan – Abstained; Ms Cullen-Hamzeh – Yes;   Mr. Bill Sullivan, -- No; Mr. Zimman – Yes; Mr. Cronin – No; Mr. Ronchi – Yes; Mr. McEnaney – Yes; Ms Vaucher – Yes. 
Yeas: 6 Nays: 2 Abstain 1 Motion Passes
Decision: Mr. Ronchi moved and Ms Cullen Hamezh seconded a motion to appoint Ms. Cynthia Canavan as Chair of the Board of Trustees effective July 1, 2010 and serving until the close of the January 2011 regular meeting of the Board of Trustees or until her successor is named, whichever is later.
Ms Canavan expressed that she is willing to serve through the summer and would like to have a permanent Chair in place by the October Regular Meeting of the Board of Trustees. 
 
Yeas: 8 Nays: 0 Abstain 1 Ms. Canavan abstained.   Motion passes
 
Decision: Ms Canavan moved and Mr. Cronin seconded a motion to appoint Ms Cathy Vaucher as Vice Chair of the Board of Trustees effective July 1, 2010 and serving until Jun 30, 2011, or until her successor is named, whichever is later.
 
Yeas: 8 Nays: 0 Abstain 1 Ms Vaucher abstained.   Motion passes
 
Decision: Ms Vaucher moved and Ms Canavan seconded a motion to appoint Dr. John Sullivan as Treasurer of the Board of Trustees effective July 1, 2010 and serving until Jun 30, 2011, or until his successor is named, whichever is later.
 
Yeas: 8 Nays: 0 Abstain 1 Dr. Sullivan abstained. Motion passes
 
Mr. McEnaney declined to server further as Clerk. 
 
Decision: Ms Vaucher moved and Dr. Sullivan seconded a motion to appoint Mr. John ‘Matt’ Cronin as Clerk of the Board of Trustees effective July 1, 2010 and serving until Jun 30, 2011, or until his successor is named, whichever is later.
 
Yeas: 8 Nays: 0 Abstain 1 Mr. Cronin. Motion passes