REGULAR MEETING OF THE BOARD OF TRUSTEES HOUSTON COMMUNITY COLLEGE SYSTEM October 28, 2004 Minutes The Board of Trustees of the Houston Community College System held a Regular Meeting on Thursday, October 28, 2004, at the System Administration Building, Second Floor Auditorium, 3100 Main, Houston, Texas. BOARD MEMBERS PRESENT Herman Litt, Chair Michael P. Williams, D.Min., Vice Chairman Yolanda Navarro Flores, Secretary Diane Olmos Guzman, Deputy Secretary Jay K. Aiyer Bruce A. Austin Abel Davila James R. Murphy Christopher W. Oliver ADMINISTRATION Bruce H. Leslie, Chancellor Doretha Eason, Interim Deputy to the Chancellor Irene Porcarello, Interim Vice Chancellor, Institutional Development Jose Villarreal, Vice Chancellor, Economic Development Gloria Walker, Vice Chancellor, Finance and Administration Diana Castillo, Interim President, Southeast College Sue Cox, President, Southwest College Margaret Forde, President, Northeast College Zachary Hodges, President, Northwest College Patricia Williamson, Interim President, Central College Rosie Barrera, Associate Vice Chancellor, Communications & Marketing Charles Hebert, Associate Vice Chancellor, Workforce Development Willie Williams, Interim Executive Director, Human Resources Miles LeBlanc, General Counsel Michael Kyme, Executive Director, Purchasing OTHERS PRESENT Jarvis Hollingsworth, System Counsel, Bracewell & Patterson Other administrators, citizens and representatives from the news media CALL TO ORDER Chairman Litt called the meeting to order at 4:32 p.m. and declared the Board convened to consider matters pertaining to the Houston Community College System as listed on the duly posted meeting notice. Houston Community College System Regular Board Meeting – October 28, 2004 – Page 2 PRAYER AND PLEDGE OF ALLEGIANCE Mr. Austin led the prayer and pledge of allegiance. AWARDS AND PRESENTATIONS Purchasing Awards - Dr. Leslie announced that Michael Kyme and the Purchasing Department were recognized by the Southwest Supply Chain Forum with the Excellence in Innovative Supply Management Award. HCCS is one of only five organizations in the country to receive this award. In addition, HCCS received the National Institute of Governmental Purchasing Outstanding Agency Accreditation Achievement Award. Dr. Leslie recognized Gloria Walker, Michael Kyme and the Purchasing team for their excellent performance. CHANCELLOR’S REPORT Houston’s Best - HCCS and the Greater Houston Partnership are co-sponsoring an initiative called “Houston’s Best,” which is designed to recognize top companies in Houston for their contributions. Voting may be done online at www.houston.org. A reception and dinner will take place on November 4 at the Hilton Americas Hotel. Dr. Stuart Rosenfeld, a national leader in the industry cluster model, recently visited HCCS to participate in a workshop. Trustees Murphy and Olmos Guzman were in attendance, along with Mr. Austin who introduced Mr. Rosenfeld. Financial Report - Ms. Walker presented the financial report for the month ending September 30, 2004. Revenues for the first month of the fiscal year totaled $33,876,572, 2.51% above last year, and expenses were $18, 429,305, or 13% lower than the same time last year. Revenue indicators and expense factors came in as expected for September; therefore it was projected that the fiscal year would end on plan. Ms. Walker responded to questions from the Trustees. Mr. Austin raised the issue of the security of funds and discussion ensued on appointing either an ad hoc or standing technology committee to study the issue. (Ms. Navarro Flores arrived at 4:50 p.m.) APPROVAL OF MINUTES Motion – Mr. Austin moved approval of Minutes from the Audit Committee of August 30, 2004; Marketing Committee of August 30, 2004; Facilities Committee of August 31, 2004; Legal/Legislative Committee of August 31, 2004; Board Operations Committee of September 15, 2004; Committee of the Whole of September 21, 2004; Regular meeting of September 30, 2004; and the Public Hearing of October 5, 2004. Mr. Oliver seconded the motion. Ms. Navarro Flores made a correction to the Minutes of the Regular Meeting of September 30, 2004 to change the amount of funds raised by the Hispanic Education Leadership Committee over the last three years from $125,000 to $272,500. Houston Community College System Regular Board Meeting – October 28, 2004 – Page 3 Motion carried 9-0, with the minutes of the Regular Meeting of September 30, 2004 approved as corrected. APPROVAL OF CONSENT AGENDA Motion – Mr. Austin moved approval of the Consent Agenda, which was previously considered by the Committee of the Whole on October 21, 2004. Mr. Oliver seconded the motion. Motion carried 9-0. • Approved the renewal of the Texas Medical Center parking agreement for Fiscal Year 2004-2005; • Approved the purchase of a SimMan Patient Simulator from Laerdal Medical Corporation, for the Emergency Medical Services (EMS) Initial and Continuing Education program, at a total cost of $36,000.00; • Approved the Investment Report for the month of September 2004; • Approved the financial statement for the period ending August 31, 2004; • Authorized the Chancellor to negotiate a contract with E & W Diversified Services to provide parking lot and garage cleaning services to HCCS in an amount not to exceed $56,443.00; • Approved a contract with Tire Distribution System (TDS) to purchase tires for the HCC Northeast Commercial Truck Driving Program; • Approve the purchase of a load testing service for the new version of PeopleSoft V8.X at a cost estimated not to exceed $200,000 (this was included in the existing project budget); • Authorized the Chancellor to increase the budget of the PeopleSoft 8 upgrade project b $400,300 resulting in a total budget of $3,292.349. The increase in budget will be used to extend the contracts of the existing PTG, IMS, CSI and Synaptis consultants on the PeopleSoft 8 Upgrade project and hire other consultants as needed; and authorized the Chancellor to extend the contracts of the existing consultants and hire other consultants as needed up to the amount allowed by the project budget; • Authorized the administration, via the Chancellor, to proceed with a Request for Proposals (RFP) or Request for Qualifications (RFQ) for maintenance engineering services to include the following: General Maintenance, Electrical, mechanical, and elevator systems; HVAC systems; Building automation systems. Authorized the administration, via the Chancellor, to establish several maintenance engineering staff positions with functions and duties aligned with quality assurance to ensure services delivered by the chosen maintenance engineering services firm. • Approved the competitive sealed proposal (CSP) as the method of construction for the Challenge Early College High School located at the West Loop Campus; Houston Community College System Regular Board Meeting – October 28, 2004 – Page 4 • Ratified and approved the agreement with the Lighthouse of Houston in the amount of $65,000 to commence September 1, 2004 through August 31, 2005; to provide Braille transcription and other specialized services to approximately 200 students who are visually impaired. In addition, The Lighthouse supplies specialized counseling, evaluation and placement services to the legally blind; • Approved the offering by HCCS of a new academic degree, the Associate of Arts in Teaching (AT), beginning in December 2004; and • Approved a Resolution submitted by the Hispanic Educational Leadership Scholarship Committee and the students of HCCS to recognize Dr. Marta Tienda for her contributions to the success of the Hispanic Educational Leadership Committee’s scholarship efforts. TOPICS FOR DISCUSSION AND/OR ACTION Motion – Mr. Murphy made a motion to approve Topics for Discussion and/or Action by consent, with the exception of topics withdrawn or set aside for further discussion. Mr. Oliver seconded the motion. The following topic was approved by consensus: • Approved payment to Bracewell & Patterson for professional services rendered for the period through September 15, 2004, in the amount of $143,182,76 APPROVAL OF NON OPPOSITION RESOLUTION FOR FOREIGN TRADE ZONE DESIGNATION Motion – Mr. Oliver made a motion to approve a non-opposition resolution regarding a foreign trade zone application before the Foreign Trade Zones Board, U. S. Department of Commerce, by Cardinal Health, Inc., a major medical distribution company, that is in the process of exploring options for relocation to Stafford, Ft. Bend County, Texas, and to authorize the Chancellor to provide written documentation to the Foreign Trade Zones Board reflecting HCCS’ non-opposition to the company’s foreign trade zone application. Mr. Aiyer seconded the motion. Ms. Olmos Guzman asked for clarification of the recommendation. Winston Dahse, College Operations Officer at Southwest College, explained that Cardinal Health plans to relocate and it would be advantageous to HCCS if they relocated to Stafford, which is part of the HCCS tax base. HCCS is estimated to receive an average of $88,400 over the next ten years and a minimum $50,587 in any given year beginning in 2006. Motion carried 9-0. ADOPTION OF RESOLUTION TO CREATE HCCS PUBLIC FACILITY CORPORATION Motion – Dr. Williams moved approval of the adoption of a Resolution to create the HCCS Public Facility Corporation, the Articles of Incorporation and the Bylaws. Mr. Davila seconded the motion. Houston Community College System Regular Board Meeting – October 28, 2004 – Page 5 Mr. Murphy asked for a report on the income streams for the Public Facility Corporation. Ms. Navarro Flores requested clarification of the intent of the corporation and assurance that all regulations of the Education Code would be met. Motion carried 7-2, with Trustees Aiyer, Austin, Litt, Murphy, Oliver, Olmos Guzman and Williams voting in support; and Trustees Navarro Flores and Davila opposed. APPROVAL OF METHOD OF CONSTRUCTION FOR PHASE I OF THE PUBLIC SAFETY INSTITUTE Motion – Mr. Oliver moved approval of Design-Build construction as the method of construction for Phase 1 of the Public Safety Institute that will include the construction of a firing range, burn building and fire tower. Mr. Austin seconded the motion. The Chancellor responded to questions from Mr. Murphy regarding facilities space programming and designing/building. Ms. Navarro Flores had further questions on the amount of the contract for Development Strategies Group, the facilities space programmers, and the next step, which under design-build would be a competitive bid process. Motion carried 9-0. APPROVAL OF EVALUATION TEAM AND PROCESS OF AWARDING CONTRACTS FOR PROFESSIONAL SERVICES RELATED TO CIP Motion – Mr. Oliver made a motion to approve the evaluation team and process of awarding contracts for professional services including architects and other related services for the Capital Improvement Program (CIP). Mr. Austin seconded the motion. The Chancellor clarified for Mr. Murphy that the Board would be the selecting entity for the evaluation team. In reply to concerns expressed by Mr. Davila, Dr. Leslie stated that the team would be expected to ensure that diversity was achieved in all projects undertaken. Additionally, the HUB/Small Business firm would soon be under contract and their charge was to ensure that diversity objectives were achieved. Dr. Leslie added that the Board had the right to accept or reject any recommendation for contracts or professional services. Ms. Navarro Flores requested clarification of “other 2004 CIP related services,” as mentioned in Dr. Leslie’s memorandum to the Board. Motion carried 7-0, with Trustees Aiyer, Austin, Davila, Litt, Murphy, Oliver, and Williams voting in support; and Trustees Navarro Flores and Olmos Guzman abstaining. APPROVAL OF LEASE WITH OPTION TO PURCHASE PROPERTY LOCATED AT 6714 LARIMER Motion – Mr. Murphy made a motion to authorize the Chancellor to negotiate and approve a contract to lease, with the option to purchase, property located at 6714 Larimer to serve as HCCS’ Service Center. Mr. Oliver seconded the motion. Mr. Murphy called for a space audit on 3100 Main to determine if additional space should be leased or if more efficient use could be made of space at 3100 Main. Dr. Houston Community College System Regular Board Meeting – October 28, 2004 – Page 6 Leslie replied that a space audit was already in progress and certain reconfigurations were being made. Mr. Murphy asked for a copy of the report when it is finished. Motion carried 9-0. APPROVAL OF AGREEMENT WITH THE CENTER FOR THE HEALING OF RACISM Motion – Mr. Murphy made a motion to authorize the Chancellor to negotiate and approve a Memorandum of Understanding with the Center for the Healing of Racism to locate the Center of Central Campus in exchange for providing workshops and training for students and staff. Dr. Leslie introduced Co-Directors Cherry Steinwender and Sandy Boyd. Motion carried 9-0. APPROVAL OF HCCS – HOUSTON ROCKETS MARKETING PARTNERSHIP Motion – Mr. Murphy moved to authorize the Chancellor to enter into a contract with the Houston Rockets and the Toyota Center to establish a HCC – Houston Rockets marketing partnership at an estimated cost of $114,000. The cost of the joint marketing program includes HCCS’ presence at the Toyota Center during Rocket games, marketing rights, consumer research, partnership connections, a student internship program and expenses related to holding HCCS’ 2005 Commencement at the Toyota Center. Mr. Oliver seconded the motion. Motion carried 8-0. Dr. Williams abstained from voting, noting a Conflict of Interest affidavit on file. BOARD ETHICS RESOLUTION APPROVED The Trustees discussed a Resolution on Board Ethics submitted by Mr. Austin. Mr. Austin stated the Resolution clarified the intent of the Board in terms of standards of conduct and performance. There was consensus to adopt the Resolution, with further discussion on ethics to take place in the Board Operations and Ethics Committees. Motion – Mr. Austin moved approval of the Ethics Resolution for the HCCS Board of Trustees. Mr. Oliver seconded the motion. Motion carried 9-0. APPROVAL OF COMMUNITY ENGAGEMENT PROGRAM FOR ANNEXATION Motion – Mr. Oliver made a motion to authorize the Chancellor to award a contract to Yaffe/Deutser for Phase 1 of the community engagement program for annexation. Phase 1 will include research and analysis of psychographic data (household preferences, lifestyles and habits) obtained from national databases, message development/staff training, and creative development. The contract for Phase I should not exceed $95,000. Mr. Murphy seconded the motion. Ms. Olmos Guzman stated she supported the recommendation but would like to see the community outreach effort in place in all areas to strengthen recruitment and retention. Ms. Navarro Flores expressed her objections to awarding a contract without following an RFP process. Houston Community College System Regular Board Meeting – October 28, 2004 – Page 7 Motion carried 6-0. Trustees Austin, Aiyer, Davila, Litt, Murphy and Williams supported the motion; Trustee Navarro Flores was opposed; and Trustees Olmos Guzman and Oliver abstained. ADJOURNMENT TO CLOSED OR EXECUTIVE SESSION Chairman Litt adjourned the meeting to Executive Session at 6:20 p.m., notice having previously been given and reiterated by him in accordance with Sections 551.071 of the Open Meetings Law. He stated that any final action, vote or decision on any item discussed in Executive Session would be taken up in Open Session or in a subsequent Public Meeting. He reconvened the meeting in Open Session at 7:50 p.m. and entertained motions on pending matters. Present were Trustees Aiyer, Davila, Litt, Murphy, Navarro Flores, Olmos Guzman and Williams. PERSONNEL AGENDA APPROVED AS SUBMITTED Motion – Mr. Austin moved approval of the Personnel Agenda as submitted. Ms. Olmos Guzman seconded the motion. Motion carried 7-0. BOARD RETREAT Ms. Olmos Guzman introduced Dr. Narcisa Polonio, ACCT Director of Board Leadership Services. Dr. Polonio will serve as facilitator at the Board Retreat, which will take place Friday and Saturday at the Woodlands Conference Center. ADJOURNMENT With no further business, the meeting was adjourned at 7:52 p.m. DINNER Following adjournment, the Board of Trustees met for dinner in the Chancellor’s Conference Room on the 12th floor, where they may discuss System business but will not take action on such business. Minutes Prepared by: Linda Gray, Board Services Reviewed and Submitted by: Yolanda Navarro Flores, Secretary Board of Trustees Minutes Approved as Submitted: December 9, 2004