february-19-2013-board-business-meeting

OPSB Business Board Meeting Minutes February 19, 2013

ORLEANS PARISH SCHOOL BOARD BOARD BUSINESS MEETING McDonogh #35 High School 1331 Kerlerec Street New Orleans, Louisiana 70116 February 19, 2013 5:00pm

The Orleans Parish School Board convened for a Board Business Meeting on Tuesday, February 19, 2013, in the Auditorium of McDonogh #35 High School, 1331 Kerlerec St., New Orleans, LA. Mr. Ira Thomas, Board President, called the meeting to order at 5:05 PM. Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, absent; Ms. Sarah Usdin, present; Ms. Leslie Ellison, present; Mr. Seth Bloom, present; Mr. Woody Koppel, present; Mr. Nolan Marshall, present; Mr. Stan Smith, Interim Superintendent, present; Mr. Edward Morris, General Counsel, also served as parliamentarian. A quorum was established.

An audio recording of the meeting is available in the Board Office.

Mr. Ira Thomas led the Board in the Pledge of Allegiance.

ADOPTION OF THE AGENDA Additions, Modifications or Deletions Board member Sarah Usdin motioned that the approval of all documents and proceedings related to the development and construction of the Wheatley School in a Leveraged Financing previously approved by the Orleans Parish School Board pursuant to Orleans Parish School Board Resolution #23-12, including the proceedings of the Orleans Schools Facilities Foundation, Inc., the Orleans Parish School Board’s instrumentality public benefit corporation be added to the agenda and it was seconded by Woody Koppel.

The motion failed.

Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Nay Yes Yes Yes 5 1 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

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OPSB Business Board Meeting Minutes February 19, 2013 Motion to adopt the agenda was made by Seth Bloom and seconded by Leslie Ellison. The motion passed with 6 Ayes and 0 Nays CONSIDERATION OF MINUTES      

December 13, 2012 Accountability Committee Meeting December 13, 2012 Property Committee Meeting December 13, 2012 Budget & Finance Committee Meeting December 13, 2012 Policy Committee Meeting December 18, 2012 Regular Business Meeting January 14, 2013 Regular Business Meeting

Motion to waive the reading of the minutes was made by Woody Koppel, seconded by Seth Bloom. Motion passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

SUPERINTENDENT’S AGENDA  Personal Point of Privilege Item(s):  Stand for Children  Dwayne Fontenette Presentation on Anti-Bullying Campaign Reports: Motion to defer the report on Financial Statements for December 2012, Capital Projects Report and the Superintendents Report was made by Woody Koppel, seconded by Seth Bloom. Motion passed with 6 Ayes and 0 Nays

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2012 External Audit Presentation

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Update on status of property transactions Stan Smith a. Sales/exchange of properties with HANO b. Acquisition of 1212 S. Roman (parking for Booker T. Washington) subject to the appraisal.

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Request for Proposal for Superintendent Search Services

Eric Bosch , CPA LaPorte CPA’s & Business Advisors

Ed Morris

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OPSB Business Board Meeting Minutes February 19, 2013 ACTION ITEMS/RESOLUTIONS The Orleans Parish Board is asked to act upon the following action items: Action Item No. 1: Approval of 2013 Board Committee Appointments.

In accordance with Board Policy B206, the Board is asked to approve the Board President’s committee appointments as follows: 1. Accountability

Committee Chair, Sarah Usdin Nolan Marshall, Cynthia Cade, Woody Koppel

2. Budget & Finance

Committee Chair, Leslie Ellison Woody Koppel, Nolan Marshall, Seth Bloom

3. Legal & Legislative

Committee Chair, Seth Bloom Cynthia Cade, Sarah Usdin, Woody Koppel

3. Policy

Committee Chair, Cynthia Cade Sarah Usdin, Leslie Ellison, Seth Bloom

5. Property

Committee Chair, Nolan Marshall Woody Koppel, Leslie Ellison, Cynthia Cade

Recommendation: That the Orleans Parish School Board approves the committee appointments as recommended by the Board President.

Motion to approve the 2013 Board Committee Appointments was made by Seth Bloom, and seconded by Sarah Usdin. The motion passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No. 2: Approval of Superintendent’s Recommendation Relative to Judgments and Settlements.

Based on the FY 2012 external audit, the FY 2013 revenue projections, and the adopted FY 2013 budget; and after funding educational services to the students of Orleans Parish, the Orleans Parish School Board will not have excess funds available for an appropriation to pay any state court judgments and settlements on its list of unpaid resolved claims.

Recommendation: That the Orleans Parish School Board not appropriate funds for the payment of judgments and settlements in its FY 2013 budget.

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OPSB Business Board Meeting Minutes February 19, 2013

Motion to approve the Superintendent’s Recommendation Relative to Judgments and Settlements was made by Woody Koppel, and seconded by Seth Bloom. The motion passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No. 3: Approval of Outside Nominations for the Master Plan Oversight Committee (“MPOC”). The Orleans Parish School Board has received two nominations for the MPOC. The Louisiana Chapter of the American Institute of CPAs nominated Mr. James Alack, a Certified Public Accountant with over forty years of financial management experience, and the Business Council of New Orleans and the River Region nominated Michael Siegel, a real estate professional in the New Orleans area.

Recommendation: That the Orleans Parish School Board approves Mr. James Alack and Mr. Michael Siegel to serve on the Master Plan Oversight Committee and forwards said approval to the State Board of Elementary and Secondary Education for adoption.

Motion to approve Outside Nominations for the Master Plan Oversight Committee (“MPOC”) was made by Woody Koppel, and seconded by Seth Bloom. The motion passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No. 4: Approval of the Orleans Parish School Board Appointment to the Master Plan Oversight Committee Recommendation: That the Orleans Parish School Board approves the Board President’s appointment of Nolan Marshall as Chair of the Master Plan Oversight Committee.

Motion to approve of the Orleans Parish School Board Appointment to the Master Plan Oversight Committee was made by Woody Koppel, and seconded by Sarah Usdin. The motion passed with 6 Ayes and 0 Nays 4

OPSB Business Board Meeting Minutes February 19, 2013 Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No 5: Approval of Resolution 03-13 Relative to the Orleans Parish School Board’s Appointment to the New Orleans Center for Creative Arts (“NOCCA”) Board of Directors Recommendation: That the Orleans Parish School Board approves Resolution 03-13 appointing Seth Bloom to the NOCCA Board of Directors, as recommended by the Board President.

Motions to dispense with the reading of Resolution 03-13 was made by Woody Koppel and seconded by Sarah Usdin.

Motion to approve Resolution 03-13 Relative to the Orleans Parish School Board’s Appointment to the New Orleans Center for Creative Arts (“NOCCA”) Board of Directors was made by Woody Koppel, and seconded by Sarah Usdin. The motion passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS 

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No 6: Approval to Execute a Non-binding Purchase Agreement on Bell South Facility.

Recommendation: That the Orleans Parish School Board approves the execution of a Nonbinding Purchase Agreement on the Bell South Facility in order to evaluate the feasibility of this property for a master plan school facility in New Orleans East.

Motion to approve the execution of a Non-binding Purchase Agreement on the Bell South Facility in order to evaluate the feasibility of this property for a master plan school facility in New Orleans East was made by Seth Bloom, and seconded by Usdin. The motion passed with 6 Ayes and 0 Nays.

Ira Thomas

Yes

Cynthia Cade

Absent 5

OPSB Business Board Meeting Minutes February 19, 2013 Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS 

Yes Yes Yes 6 0 1 0

Leslie Ellison Woody Koppel

Yes Yes

Action Item No. 7: Extension of Agreement for the Acquisition of Patterson Avenue & Thayer Street Parcel (Behrman School).

The previous Board action has expired, and the property owner has requested additional time to obtain a second appraisal at the owner’s cost.

Recommendation: That the Orleans Parish School Board approves the Extension of Agreement for the Acquisition of the Patterson Avenue & Thayer Street Parcel (Behrman School).

Motion to defer the Extension of Agreement for the Acquisition of Patterson Avenue & Thayer Street Parcel (Behrman School) was made by Leslie Ellison, and seconded by Woody Koppel.

The motion to defer the item passed with 6 Ayes and 0 Nay Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS



Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No. 8: Approval to Proceed with Disposition of 1432 Constance Street to Kingsley House.

Legislation was passed in the last legislative session allowing for the sale of this property to Kingsley House at appraised value.

Recommendation: That the Orleans Parish School Board authorizes the Administration to proceed with the disposition of 1432 Constance Street, New Orleans, Louisiana to Kingsley House for an amount equal to or greater than appraised value.

Motion for Approval to Proceed with Disposition of 1432 Constance Street to Kingsley House was made by Woody Koppel and seconded by Seth Bloom. The motion passed with 6 Ayes and 0 Nay. Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall

Yes Yes Yes Yes

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes 6

OPSB Business Board Meeting Minutes February 19, 2013 YAYS NAYS ABSENTS ABSTENTIONS 

6 0 1 0

Action Item No. 9: Approval to Proceed with Exchange of Idaho & Seine.

Recommendation: That the Orleans Parish School Board authorizes the Administration to proceed with the exchange of the Idaho & Seine site with the City of New Orleans for Fox Playground, a property of equal or greater value.

Motion for Approval to Proceed with Exchange of Idaho & Seine was made by Leslie Ellison, and seconded by Woody Koppel. The item passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS



Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No. 10: Approval of Cooperative Endeavor Agreement with the City of New Orleans Relative to NFL Sales Tax Exemptions.

Recommendation: That the Orleans Parish School Board Approves the CEA with the City of New Orleans with respect to sales tax exemptions for certain purchases by the NFL during the 2013 Super Bowl event.

Motion for approval of the Cooperative Endeavor Agreement with the City of New Orleans Relative to NFL Sales Tax Exemptions was made by Sarah Usdin, and seconded by Woody Koppel. The item passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS



Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

Action Item No. 11: Nullification of the Interim Superintendent’s Employment Contract executed on or about July 18, 2012.

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OPSB Business Board Meeting Minutes February 19, 2013 The terms and conditions of the existing employment contract were not authorized by the Board at its regular meeting of May 15, 2012, at which meeting the Interim Superintendent was appointed.

Recommendation: That the Orleans Parish School Board nullifies the employment contract of the Interim Superintendent executed on or about July 18, 2012, and directs the Board President, Vice-President, and Board attorney to negotiate new terms and conditions for a new employment contract with the Interim Superintendent.

Motion to approve the Nullification of the Interim Superintendent’s Employment Contract executed on or about July 18, 2012 was made by Leslie Ellison, and seconded by Seth Bloom.

A vote was not taken.

Seth Bloom made a substitute motion for the President and Vice President to correct the errors on the Interim Superintendents existing employment contract with General Counsel and bring the item back before the Board for ratification. The motion was seconded by Sarah Usdin. The item passed with 5 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS 

Abstained Cynthia Cade Yes Leslie Ellison Yes Woody Koppel Yes 5 0 1 1

Absent Yes Yes

Action Item No. 12: Recommendation on Algiers Bus Barn Sales Contract At the November 8th Property Committee meeting, Administration recommended rejection of the sales contract on the Algiers Bus Barn property due to the value that was being obtained in comparison to the appraised value.

Recommendation: That the Orleans Parish School Board approves the Recommendation on Algiers Bus Barn Sales Contract Motion to approve the Recommendation on Algiers Bus Barn Sales Contract was made by Leslie Ellison, and seconded by Woody Koppel. The item passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

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OPSB Business Board Meeting Minutes February 19, 2013

Motion to move into Executive Session was made by Woody Koppel and seconded by Seth Bloom.

RECESS TO EXECUTIVE SESSION: Time: 6:34pm Time: 6:50 pm - Out of an abundance of caution The Board returned from Executive Session in an effort to make certain that there was a motion, a second and a vote to go into Executive Session. General Council was advised by the Board Secretary that the motion to move into Executive Session had been made by Woody Koppel and seconded

by Seth Bloom and that the Board did not call for the vote.

Time 6:53 pm - A motion to move into Executive Session was made by Woody Koppel and seconded by Seth Bloom. The item passed with 6 Ayes and 0 Nays Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS ABSENTS ABSTENTIONS

Yes Yes Yes Yes 6 0 1 0

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes Yes

1. City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation – Recommendation for approval to enter into a voluntary, written audit agreement authorizing the City of New Orleans Office of Inspector General to audit the Orleans Parish School Board pursuant to a clearly defined scope to be delineated by the Superintendent and Board President in consultation with Board counsel.

2. Nullification of the Employment Contract of the Deputy Superintendent for Charter Schools; Status Report – Potential Litigation. 

Action Item No. 13: Nullification of the Employment Contract of the Deputy Superintendent for Charter Schools executed on or about August 1, 2012.

The terms and conditions of the existing employment contract were not authorized by the Board at its regular meeting of May 15, 2012, at which meeting the Deputy Superintendent for Charter Schools was appointed.

Recommendation: That the Orleans Parish School Board nullify the employment contract of the Deputy Superintendent for Charter Schools, executed on or about August 1, 2012, who was appointed, pursuant to La. R.S. 17:84, to serve at the pleasure of the Orleans Parish School Board.

RECONVENE FROM EXECUTIVE SESSION/ROLL CALL: 9

OPSB Business Board Meeting Minutes February 19, 2013 Time 8:24 p.m. – A quorum was established Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall PRESENT ABSENT

Present Present Present Present 6 1

Cynthia Cade Leslie Ellison Woody Koppel

Absent Present Present

REPORT ON EXECUTIVE SESSION: Action Item:

1. City of New Orleans Office of Inspector General’s demand to audit Orleans Parish School Board; Potential Litigation – Recommendation for approval to enter into a voluntary, written audit agreement authorizing the City of New Orleans Office of Inspector General to audit the Orleans Parish School Board pursuant to a clearly defined scope to be delineated by the Superintendent and Board President, in consultation with Board counsel.

2. Nullification of the Employment Contract of the Deputy Superintendent for Charter Schools; Status Report – Potential Litigation. 

Action Item No. 13: Nullification of the Employment Contract of the Deputy Superintendent for Charter Schools executed on or about August 1, 2012.

The terms and conditions of the existing employment contract were not authorized by the Board at its regular meeting of May 15, 2012, at which meeting the Deputy Superintendent for Charter Schools was appointed.

Recommendation: That the Orleans Parish School Board nullifies the employment contract of the Deputy Superintendent for Charter Schools, executed on or about August 1, 2012, who was appointed, pursuant to La. R.S. 17:84, to serve at the pleasure of the Orleans Parish School Board.

Nolan Marshall made a substitute motion to reach a working agreement with Kathleen Padian to nullify the existing contract and begin discussions for a new work agreement. The substitute motion failed.

Ira Thomas Sarah Usdin Seth Bloom Nolan Marshall YAYS NAYS

No No No Yes 2 4

Cynthia Cade Leslie Ellison Woody Koppel

Absent Yes No

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OPSB Business Board Meeting Minutes February 19, 2013 ABSENTS ABSTENTIONS

1 0

There was no motion or second received for action item #13 second as it appeared on the agenda.

ADJOURNMENT On motion by Seth Bloom, the Orleans Parish School Board adjourned at 8:38 pm

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