Meeting of the Board of Regents | February 2009
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Kathy A. Ahearn |
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SUBJECT: |
Charter Applications for February 2009
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DATE: |
January 23, 2009
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STRATEGIC GOAL: |
Goal 2
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AUTHORIZATION(S): |
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Summary
Issue for Decision
Approval of charter applications.
Reason(s) for Consideration
Required by State Statute (Education Law section 216).
Proposed Handling
Discussion and approval in accordance with the respective recommendations contained in the attached summaries of charter applications.
Procedural History
N/A
Background Information
Summary recommendations have been prepared for a total of 16 charter actions.
Recommendation
It is recommended that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Timetable for Implementation
N/A
Regents Meeting February 9-10, 2009
CHARTERS
CULTURAL EDUCATION
ABSOLUTE CHARTERS
1. Palmyra Community Library, Palmyra
2. Prattsburg Free Library, Prattsburg
AMENDMENT OF CHARTER
3. Bayville Free Library, Bayville
4. Caledonia Library Association, Caledonia
5. Castleton Public Library, Castleton
6. Eastchester Public Library, Eastchester
PROVISIONAL CHARTER
7. The Pleshakov Piano Museum, Hunter
EXTENSION OF CHARTER
8. Friendship-Nile Historical Society, Friendship
ORDERS OF DISSOLUTION
9. Naples Library, Naples
10. Poland Public Library, Poland
RESCINDING ORDER OF CONSOLIDATION
11. The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc., Fayetteville
l. CULTURAL EDUCATION
ABSOLUTE CHARTERS
No. 1
PALMYRA COMMUNITY LIBRARY
Palmyra, Wayne County
The board of trustees has petitioned the Board of Regents to form a corporation to provide library services to the Palmyra Community Library District by offering the following services free of charge: books, periodicals and audiovisual materials for loan; internet access; access to local and genealogy collection; programs for all ages from toddlers to adults. The Office of Cultural Education recommends that the absolute charter in the first instance be granted.
No. 2
PRATTSBURG FREE LIBRARY
Prattsburg, Steuben County
A provisional charter was granted to this corporation by action of the Board of Regents on July 28, 1978 to operate a library. Such provisional charter was extended by Regents action on January 18, 1989, September 20, 1996, January 12, 2004 and amended on March 21, 2006. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.
AMENDMENT OF CHARTER
No. 3
BAYVILLE FREE LIBRARY
Bayville, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents on December 3, 1903 to operate a library. Such provisional was made absolute by Regents action on May 2, 1912. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from five to seven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
No. 4
CALEDONIA LIBRARY ASSOCIATION
Caledonia, Livingston County
This corporation was incorporated by the Secretary of State under the corporate name “Ladies Circulating Library Society of Caledonia” on July 2, 1877. Such charter was amended by Regents action to change the corporate name to “Caledonia Library Association” on June 25, 1917. The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
No. 5
CASTLETON PUBLIC LIBRARY
Castleton, Rensselaer County
A provisional charter was granted to this corporation by action of the Board of Regents on April 1, 1909 to operate a library. Such provisional charter was made absolute by Regents action on May 2, 1912. The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
No. 6
EASTCHESTER PUBLIC LIBRARY
Eastchester, Westchester County
A provisional charter was granted to this corporation by action of the Board of Regents on March 26, 1954 to operate a library. Such provisional charter was made absolute by Regents action on March 20, 1959. The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than nine. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
PROVISIONAL CHARTER
No. 7
THE PLESHAKOV PIANO MUSEUM
Hunter, Greene County
The board of trustees has petitioned the Board of Regents to form a museum to house, maintain and display to the public of antique historical, and period pianos and other musical instruments; musical events related to the said instruments for the benefit of the public; concerts, lectures, classes, and studies available to the public for educational purposes. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
EXTENSION OF CHARTER
No. 8
FRIENDSHIP-NILE HISTORICAL SOCIETY
Friendship, Allegany County
A provisional charter was granted to this corporation by action of the Board of Regents on December 13, 2002 to operate a historical society. The board of trustees has applied for an extension of the provisional charter. The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
ORDERS OF DISSOLUTION
No. 9
NAPLES LIBRARY
Naples, Ontario County
A provisional charter was granted to this corporation by action of the Board of Regents on June 29, 1962 to operate a public library serving the residents of the Town of Naples. Such provisional charter was made absolute by Regents action on February 23, 1968 and amended on April 21, 1998. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents approval of the transfer of the library property of Naples Library to Naples Library, which was incorporated by action of the Board of Regents under an absolute charter in the first instance on October 23, 2007 to serve the residents of the Naples Central School District. The Office of Cultural Education recommends that the absolute charter of the Naples Library (town public library) be dissolved and that its library property be transferred to the Naples Library (school district public library).
No. 10
POLAND PUBLIC LIBRARY
Poland, Herkimer County
An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on February 27, 1920 to operate a public library serving the residents of the Village of Poland. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents approval of the transfer of the library property of Poland Public Library to Poland District Public Library, which was incorporated by action of the Board of Regents under an absolute charter in the first instance on October 23, 2007 to serve the residents of the Poland Central School District. The Office of Cultural Education recommends that the absolute charter of the Poland Public Library be dissolved and that its library property be transferred to the Poland District Public Library.
RESCINDING ORDER OF CONSOLIDATION
No. 11
THE MATILDA JOSLYN GAGE CENTER and MATILDA JOSLYN GAGE FOUNDATION, INC.
Fayetteville, Onondaga County
An order of consolidation of The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc. was granted by the Board of Regents on December 16, 2008. The Matilda Joslyn Gage Center was granted a provisional charter by the Board of Regents on December 16, 2008. Matilda Joslyn Gage Foundation, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on March 3, 2000. Upon the December 16, 2008 effective date of the order of consolidation of The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc.,The Matilda Joslyn Gage Center assumed all the assets, liabilities and responsibilities of both organizations. The consolidated corporation operates under the provisional charter granted to The Matilda Joslyn Gage Center. On January 21, 2009 Office of Counsel received correspondence requesting that the order of consolidation be rescinded so that Matilda Joslyn Gage Foundation, Inc. may remain temporarily incorporated under the New York State not-for-profit Corporation Law and retain its tax exempt status, until such time as The Matilda Joslyn Gage Center may obtain tax exempt status. At that time, The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc. intend to petition the Board of Regents for an Order of Consolidation. The Office of Counsel recommends that the Board of Regents vote to rescind the order of consolidation granted to the corporation.
Regents Meeting
February 9-10, 2009
CHARTERS
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
ABSOLUTE CHARTER
1. Northside Catholic School, Brooklyn
AMENDMENT & EXTENSION OF CHARTERS
2. The Garden Road School, Croton-On-Hudson
3. The McCarton School, New York City
ORDER OF DISSOLUTION
4. Centerpoint Christian Academy, Angelica
ll. ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
ABSOLUTE CHARTER
No. 1
NORTHSIDE CATHOLIC SCHOOL
Brooklyn, Kings County
A provisional charter was granted to this corporation by action of the Board of Regents on February 8, 2000 to operate a kindergarten and grades one through eight elementary school. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Northside Catholic Academy” and to add authority to also operate a pre-kindergarten for four year olds and, as so amended, for an absolute charter. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.
AMENDMENT & EXTENSION OF CHARTERS
No. 2
THE GARDEN ROAD SCHOOL
Croton-On-Hudson, Westchester County
A provisional charter was granted to this corporation by action of the Board of Regents on July 21, 2005 to operate a nursery school, a kindergarten and a grades one through two elementary school. The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 99 Baron De Hirsch Road, Crompond, New York 10517, with a mailing address of PO Box 300, Crompond, New York 10517, to add authority to also operate a grades three through six and a two hour two year old program and a one hour Mommy and Me program, to operate a before and after care program, and to operate a summer camp with the understanding that it must be approved by the New York State Health Department prior to operation and, as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
No. 3
THE MCCARTON SCHOOL
New York City, New York County
A provisional charter was granted to this corporation by action of the Board of Regents on October 4, 2002 to operate a center-based school for the education of children with autistic spectrum disorder from three to eight years of age and to establish and operate a day care center within the state of New York. Such provisional charter was amended by Regents action on September 10, 2004 and extended on December 9, 2005. The board of trustees has applied for an amendment to the provisional charter to specify that the school is operating a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, and a grades one through twelve school and, as so amended, be extended. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
No. 4
CENTERPOINT CHRISTIAN ACADEMY
Angelica, Allegany County
A provisional charter was granted to this corporation by action of the Board of Regents on July 21, 2005 to operate a school. Such provisional charter was amended by Regents action on July 26, 2006. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents approval to store the student records at the Houghton Academy, 9790 Thayer Street, Houghton, New York 14744 and seeks Regents approval of the distribution of the remaining assets of the corporation, as per it’s by-laws, to the Houghton Academy. The Office of Nonpublic School Services recommends that the absolute charter of Centerpoint Christian Academy be dissolved, its records be stored at the Houghton Academy, and that the Regents recommend that its assets be distributed to Houghton Academy, subject to judicial approval pursuant to section 220 of the Education Law.
Regents Meeting
February 9-10, 2009
CHARTER
HIGHER EDUCATION AND PROFESSIONAL PRACTICE
AMENDMENT OF CHARTER
1. The Research Foundation of State University of New York, Albany
AMENDMENT OF CHARTER
No. 1
THE RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK
Albany, Albany County
An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on February 16, 1951. Such absolute charter was amended by Regents action on June 29, 1951, November 22, 1968, May 23, 1986, January 17, 1990 and December 12, 2003. The board of directors has applied for an amendment to the absolute charter to increase the allowable number of directors from 16 to up to 25 and to eliminate the position that requires the Executive Vice Chancellor to serve as chair of the Board of Directors if the Chancellor declines to act as Chair and provide for election of the Chair by the board of directors in this circumstance. Paragraph three of the charter would be amended to read: The number of Directors is to be up to twenty-five, to be at first the persons named as incorporated who shall serve until the appointment and qualification of successor directors as provided herein. The Chancellor of The State University of New York shall be a director, ex-officio, and shall serve as Chair of the Board of Directors; provided, however, that of the Chancellor is unwilling or unable to act as Chair, the Board shall elect a director form among the Board who shall serve as Chair of the Board of Directors. Twenty-four directors and their successors shall be elected by the Board of Directors of The Research Foundation of State University if New York for term of three years each. The Board shall have power to adopt bylaws. The Office of Higher Education recommends that the absolute charter be amended accordingly.