REGULAR MEETING
OF THE BOARD OF TRUSTEES
HOUSTON COMMUNITY COLLEGE SYSTEM
August 28, 2008
Minutes
The Board of Trustees of the Houston Community College System held a Regular
Meeting on Thursday, August 28, 2008 at the System Administration Building, Second
Floor Auditorium, 3100 Main, Houston, Texas.
BOARD MEMBERS PRESENT
Yolanda Navarro Flores, Chairwoman
Bruce A. Austin, Vice Chair
Diane Olmos Guzman, Secretary
Mills Worsham, Deputy Secretary
Abel Davila
Christopher Oliver
Neeta Sane
Dr. Michael P. Williams
ADMINISTRATION
Mary Spangler, Chancellor
Art Tyler, Deputy Chancellor/COO
Renee Byas, General Counsel
Doretha Eason, Executive Assistant to the Chancellor
Charles Cook, Vice Chancellor for Instruction
William Carter, Vice Chancellor, Information Technology
Daniel Seymour, Interim Vice Chancellor, Planning and Institutional Effectiveness
Cheryl Sterling, Interim Vice Chancellor, Student Success
Margaret Ford Fisher, President, Northeast College
Fena Garza, President, Southwest College
William Harmon, President, Central College/Interim President, Coleman College
Zachary Hodges, President, Northwest College
Irene Porcarello, Interim President, Southeast College
Willie Williams, Associate Vice Chancellor, Human Resources
Kelly Zuniga, Executive Director, HCC Foundation
Remmele Young, Executive Director, Government Relations
OTHERS PRESENT
Jarvis Hollingsworth, System Counsel, Bracewell & Giuliani
Dwight Boykins, Consultant, dBoykins
Rabbi Brian Strauss, Congregation Beth Yeshurun
Mary Page, President, Faculty Senate Association
Other administrators, citizens and representatives from the news media
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Regular Meeting – August 28, 2008 – Page 2
CALL TO ORDER
Mr. Austin, Vice Chair, called the meeting to order at 4:24 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.
PRAYER AND PLEDGE OF ALLEGIANCE
Rabbi Brian Strauss of Congregation Beth Yeshurun led the prayer and pledge of
allegiance to the flag.
(Mr. Oliver and Mr. Davila arrived at 4:27 p.m.)
APPROVAL OF MINUTES
Approval of Minutes from the Special Meeting of June 12, 2008,
Communications/Community Outreach of June 19, 2008, Special Meeting of June 10,
2008, Committee of the Whole Meeting of June 19, 2008, Annexation Committee
Meeting of July 1, 2008, Special Meeting of July 1, 2008,
Motion – Dr. Williams moved and Mrs. Sane seconded. The motion carried 9-0.
HEARING OF CITIZENS
There were no individuals present to speak before the Board.
AWARDS AND PRESENTATION
Texas Mutual Insurance Company presented a compensation dividend check for
$238,113 to HCC as a refund of Worker’s Compensation due to minimized claims.
Texas Mutual representatives acknowledged that HCC has become a model for any
business and college to achieve the maximum net cost for statutory worker’s
compensation in the State of Texas.
Mrs. Flores recognized Gwen Drumgoole, Risk Manager for HCC and her efforts in
making the savings possible.
CHAIRMAN’S REPORT
Mrs. Flores extended a welcome to Dr. Pamela Christian who is an American Council
on Education (ACE) Fellow from Los Angeles and has decided to intern with HCC for
one year.
Mrs. Sane apprised that the Asian American Legacy Awards Ceremony was held on
June 27, 2008. She commended the entire team on their efforts and noted that there
were over three hundred people in attendance.
Mr. Austin commended Northeast College on the opening of the Northline Facility. He
expressed appreciation to the Chancellor and administration for their efforts to make
certain the facility was opened and was especially elated to see the students on the
campus and in the library. Mrs. Flores also expressed appreciation to Dr. Fisher on a
well organized event.
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Regular Meeting – August 28, 2008 – Page 3
Mrs. Guzman expressed kudos to those who assisted with the Northline Learning Hub
and acknowledged that she was elated to see the traffic of students on the first day of
class.
Mrs. Guzman informed that the Advisory Community Council for District III held its
second meeting. She expressed that the council will provide recommendations relating
to workforce programs.
CHANCELLOR’S REPORT
•
Enrollment has increased 14.6% for the semester
•
HCC Foundation announced Opportunity 14 Program providing scholarships
for eligible students to receive a free education.
•
Board Leadership – unanimously passed the Call for Election as it relates to
the annex of Alief
•
Smithsonian – HCC is hosting the “Exit Little Saigon” exhibit through
November 2008 at the Administration Building, 3100 Main, 1st Floor
•
ACE Fellow – Acknowledge attendance of Dr. Pamela Christian and
expressed that Dr. Michael Edwards has been accepted as an ACE fellow.
•
Faculty Senate Report – Mary Page, President of Faculty Senate
Ms. Page expressed appreciation to the Board for their continue support of
faculty and dialogue at the faculty senate meetings. She noted that monthly
reports will continue to highlight outstanding professors and the college. She
noted that issues that need the Board’s assistance will also be highlighted.
Ms. Page announced that the faculty senate will host the two events in
October 2008: Texas Blackboard User’s Group, October 16-18, 2008 in
Houston and the 40th Anniversary of Junior Community College Student
Personnel Association of Texas at the Westchase Hilton, October 15-17,
2008.
(Dr. Williams and Mr. Oliver stepped out at 4:38 p.m.)
•
Financial Report
Dr. Tyler apprised that there was a separate report provided. He expressed
that revenues are outpacing expenses by 3.8 percent.
Mr. Austin commended administration on a job well done. He noted that
there has been a lot on inquiries about the college and noted that signage is
displayed throughout the city.
Dr. Tyler commended Ron Defalco and Karla Bender and their team for their
work efforts.
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Regular Meeting – August 28, 2008 – Page 4
CONSENT AGENDA
Motion – Mr. Davila moved and Mrs. Sane seconded to approve the consent agenda
with the exception of items A.1 and C.3. The motion passed with a vote of 6-0. The
following items were approved:
ƒ
Approved Special State Appropriations Items Request (Northline Campus and
Southeast Workforce Building)
Approve Hiring of Consultant to Develop a Plan for HCC Athletics Program
Motion – Mrs. Sane and Mr. Davila seconded to approve.
Mrs. Sane informed that the Athletic Committee is ready to move forward with
developing a project plan and implementing intramural sporting events system-wide in
January 2009. She clarified that the recommendation is to hire a consultant and noted
that the appropriate funds should be utilized for the consultant. She noted that the cost
for the consultant should not come from the student activity fee. Dr. Spangler apprised
that the cost for the consultant should be within her signature authority and noted that
the student activity funds will not be used for hiring the consultant.
(Dr. Williams and Mr. Oliver returned at 4:45 p.m.)
Dr. Williams requested clarification on a previous inquiry of whether an in-house
individual could assist in the development of the plan as opposed to utilizing someone
externally. He would be in favor of utilizing an internal individual if that person could be
identified. Mr. Davila associated with Dr. Williams and noted that the committee
discussed a solution that would allow someone in-house to perform the development of
the program. He noted that often times internally individuals are overlooked and could
be utilized to perform the task.
Mr. Oliver asked for the cost for the consultant. He associated with Dr. Williams that it
may be better to utilize internal resources; however, he would be in favor of possibly
using an external consultant who could train someone internally to take over the
responsibilities once the program is developed.
Mrs. Sane suggested forming a joint committee comprised of one student coordinator
from each college so that there is input from the students. She noted that this would
provide an internal team to work with the consultant.
Mr. Oliver noted that the person would need to be knowledgeable about the college,
insurance risks, etc.
Mrs. Flores apprised that the Chancellor has noted the concerns expressed by the
Board, which should be considered as the consultant agreement is developed.
Vote – The motion passed with vote 8-0.
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Regular Meeting – August 28, 2008 – Page 5
Approve Technology Consulting Services Contract with Global Times, Inc.
Motion – Dr. Williams moved and Mr. Oliver seconded the motion.
Mr. Davila stated that he wants to make certain that the agenda item was the same as
the one discussed in Technology Committee meeting due to the fact it was discussed to
approve the item based on the recommendation approved at the Committee meeting.
Mrs. Flores informed that there was a PowerPoint that delineated the services to be
provided. She noted that the services to be performed are listed under the bullet points
in the action item presented for approval.
(Mr. Oliver stepped out at 4:59 p.m.)
Dr. Williams noted that the presentation that was made at the Technology Committee
meeting demonstrated what this phase should include and asked who makes the
decision on what should or could be done. Dr. Williams asked if this is the purview of
the VC for Technology because the presentation at the Committee meeting showed
what should be done. He asked Bill Carter if there is a set list of things that need to be
done.
Mr. Carter noted that the items listed as should actually be done and noted that there
were a number of items in the PowerPoint presentation that will be done by internal
staff. He noted that some of the items seen would be delayed until next year if there is
not a contract.
(Mr. Oliver returned at 5:01)
Mr. Austin asked if it is possible to phase what needs to be done by priority as a working
document to provide a better understanding that could be presented to the Board. He
noted that Mr. Davila’s concern was that the original amount is not changed. Mr. Davila
noted that his concern was that the original action item with the scope of work was not
changed.
Mrs. Guzman asked if the length of the term of renewal was for one more year or the
time needed to complete all projects. Dr. Spangler noted that the last part of the
contract was for one year with projects that were expected to be completed within the
original contract, which expired in June 2008.
Mr. Davila requested a plan of action for the five items to include a timeline breakdown
and which ones would encompass the 1.5 million.
Mr. Oliver asked Mr. Carter if the items were prioritized according to need assessment.
Mr. Carter noted that these are the projects that would best fit with how IT is proceeding
and noted that the projects are based on a one-year commitment with various
completion stages.
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Regular Meeting – August 28, 2008 – Page 6
Mr. Oliver asked if the request meets the normal request for such services. Mr. Carter
informed that is correct.
Dr. Williams noted that the first issue that needs to be addressed is to make certain that
the item presented is the same structure that was voted on in the IT Committee
meeting. He noted that he would like to discuss the fiscal impact of the funds allocated
for the five items for the next phase because it mentions that the funds would be
allocated from the contingency funds and he would like a clarification if the contingency
fund is also the plant fund. Dr. Tyler noted that the funds would come out of the fund
balance.
Dr. Williams asked where are the CIP contingency funds and asked for the current
status. Dr. Tyler noted that $15 million was originally set aside in the funds and there is
currently approximately $4.5 million remaining as well as some outstanding projects.
Mr. Oliver asked for clarification on how much was set aside for CIP IT from the bond.
Dr. Tyler informed that there is approximately $23 million allocated.
Mr. Oliver asked how much is remaining in the fund. Dr. Tyler referred the Board to
page 18 in the financial statement. He apprised that the total budget to date is $6.581
million; $6.443 million has been expended with $133,000 currently in the fund. He
noted that the remainder of the IT funds has been allocated to the various outstanding
CIP projects.
Mr. Oliver reiterated that he is requesting the amount of funds remaining. Dr. Tyler
referred to the line item for Use of Funds on page 20 of the financial statement and
apprised that there is $297,000 unexpended in IT Development funds.
Mrs. Sane noted that recently approved budget assumptions had $8 million allocated for
IT Tech Fee and noted that there was not a breakdown. She requested a breakdown
on the item. Mr. Davila noted that he would like to see a timeline for expending the
funds such as the $6 million requested to be approved.
Dr. Tyler apprised that $8 million has been allocated yearly for academic, instructional,
and IT equipment, which is not just for IT equipment. He noted that the equipment
include items such as medical equipment at Coleman as well as other programs with
instructional equipment. He noted that the Chancellor will be providing a report to the
Board at the next COTW meeting. He noted that the budget approved by the Board
aligned all expenditures for the year; however, this project was not included.
Dr. Tyler noted that the projects listed in the action item could be completed for
approximately $1.5 million as estimated by Mr. Carter. He noted that the funds could be
borrowed from the future but it would mean using funds available today; therefore, it
would have to come out of the fund balance.
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Regular Meeting – August 28, 2008 – Page 7
Mr. Austin asked if it is possible to do fund inter-fund borrowing and pay the funds back
to the various accounts. Dr. Tyler apprised that this could be done; however, the
transfer would come out of the fund balance.
Mr. Worsham noted that the vendor provided the PowerPoint presentation at the
Technology Committee meeting with the scope of services to be provided and it was
agreed that the work need to be done. He noted that the Committee recommended
approving the extension of the contract not to exceed $1.5 million with the
understanding that these services would be provided. He asked whether it was known
that the scope of services needed to be done and if so, why the funds were not
allocated. He noted that if it is viewed as something important to the college, then the
means should be identified to make the funds available.
Mrs. Sane associated with Mr. Worsham and noted that the Technology Committee
approved to proceed with the scope of the work and amount associated; however, only
a few of the items have been brought forward.
Dr. Williams stated that he is certain that administration is capable of identifying other
funding mechanisms to get the work completed without using the fund balance. He
noted that it was mentioned by administration that these are items that need to be done
to move the college into the 21st Century and noted that it is time to move forward. He
recommended challenging the Chancellor and her team to get the funding done without
using the fund balance.
Mr. Oliver recommended that in the future the items should be funded from the
appropriate funds (IT items should be funded from IT funds).
Mr. Austin stated that as a matter of policy, administration should be allowed the ability
to determine the appropriate funds to be utilized.
Amended Motion – Dr. Williams amended the motion to approve the scope presented at
the IT Committee meeting and the funding mechanisms used are other than the plant
funds. Mr. Worsham seconded the motion.
Mrs. Sane asked if the motion included the scope of work and the cost of the project.
Dr. Williams noted that his amended motion include the funds mentioned in the original
motion up to $1.5 million.
(Mr. Oliver stepped out at 5:25 p.m.)
Vote on amended motion – The motion passed with vote of 7-0.
Vote on original motion as amended – The motion passed with vote of 7-0.
Dr. Williams associated with Mr. Austin that the hands of administration should not be
tied as long as they are within the bounds of statute legality.
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Regular Meeting – August 28, 2008 – Page 8
Mr. Hollingsworth clarified that the original contract expired therefore, this would not be
a renewal but administration would be negotiating a new contract.
(Mr. Oliver returned at 5:30 p.m.)
TOPIC FOR DISCUSSION AND/OR ACTION
Motion – Mr. Davila moved and Mrs. Sane seconded to approve the items under Topic
for Discussion as a consent agenda with the exception of item A.1. The following items
were approved:
•
Renewal of Existing Interlocal and Cooperative Agreements for Fiscal Year 20082009
•
Conveyance of Wanda Lane Property
•
Payment to Bracewell & Giuliani LLP for Professional Services (June and July
2008)
•
Investment Report for the Month of May 2008
•
Investment Report for the Month of June 2008
Annual Contract Renewal for Fiscal Year 2008-2009
Motion – Dr. Williams moved and Mr. Oliver seconded.
Mr. Davila asked why some of the multi-year contracts such as the janitorial services
and insurance are presented to the Board for approval annually. Dr. Spangler noted
that it is her understanding that contracts were done as a three year contract and the
Board practice has been to renew them each year by taking action.
Dr. Williams asked if there are any statutory or Board policy reasons why the contracts
are brought to the Board every year. He asked of the value of bringing the contracts to
the Board annually. Dr. Tyler noted that in the case of the insurance contract; it was
written so that it would have to come back to the Board.
Mr. Oliver noted that he understands administration standpoint on the item because
there are times when the Board requests that the item be brought back to the Board;
however, Dr. Williams makes a logical point that if there are not performance issues,
then the contract should not have to come back to the Board each year if it is a multiyear contract.
Mr. Austin noted that the item should be approved and a committee convenes to correct
the issue.
Amended motion - Mr. Davila recommended amending the motion to change the
contracts (items #9 and #12) to give a three year extension and a two year renewal,
thereby renewal of contracts should be after the third year as opposed to every two
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Regular Meeting – August 28, 2008 – Page 9
years and give the administration the authority to come back with the contract along with
the proper procedure to move forward. Dr. Williams seconded the motion.
Dr. William suggested that for the sake of efficiency, he would recommend that Mr.
Davila withdraw the amendment and move the items. He noted that this would allow for
the opportunity to change the structure.
Mr. Hollingsworth apprised that there are many contracts and he has not reviewed all
the contracts, therefore, there he would have an issue with amending all the contracts
not knowing their particular terms. He noted that particular in multi-year renewals, there
is no action required on the renewals because the contracts would automatically be
renewed. He apprised that the Board requested to review the contracts annually;
however, if this is not the will of the Board, they could allow the contracts to renew on
their own.
Dr. Williams asked if the item could be pulled and presented at the Committee of the
Whole to allow for discussion on the item. He noted that the contracts could remain in
force on a month-to-month basis.
Mrs. Flores noted that she agrees with the motion with the exception of the insurance
item.
Mrs. Flores informed that counsel has advised that there is a deadline of August 31,
2008 on the insurance contract.
Withdrawal of Motion – Mr. Davila and Dr. Williams withdrew their motions.
Motion - Dr. Williams motioned to approve renewal of HARCO insurance. Mr. Worsham
seconded. The motion passed 8-0.
Motion – Mr. Austin moved and Mr. Oliver seconded that the remaining items are
approved on month-to-month. The motion passed 8-0.
(Mr. Davila stepped out at 5:48 p.m.)
Motion - Mr. Austin moved to approve the personnel agenda. Mr. Oliver seconded.
Mrs. Flores apprised that she would like to pull item #9 on the personnel agenda for
discussion in September.
Mrs. Guzman moved that item #9 on the personnel agenda be pulled for the September
agenda. Mrs. Sane seconded the motion.
Mr. Oliver asked why item #9 was pulled for discussion.
Mrs. Flores informed that counsel has advised that the item is within administrative
authority and not a contract position; therefore, the motion would need to be withdrawn.
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Regular Meeting – August 28, 2008 – Page 10
(Mr. Davila returned at 5:49 p.m.)
Mr. Oliver recommended that the personnel issue be discussed in Closed Session.
ADJOURNED TO CLOSED SESSION
Mrs. Flores adjourned the meeting to Executive Session at 5:50 p.m., notice having
previously been given and reiterated in accordance with Sections 551.071, 551.072,
and/or 551.074 of the Open Meetings Law. Mrs. Flores 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.
Mrs. Flores reconvened the meeting in Open Session at 6:21 p.m. and entertained
motions on pending matters.
(Present: Trustees Austin, Davila, Guzman, Oliver, Sane, Schechter, Williams, and
Worsham)
Mrs. Flores apprised that there was a motion to approve the personnel agenda on the
table prior to adjourning to Closed Session and informed that there is a greensheet
included in the motion for the personnel agenda for July and August 2008.
Vote – The motion passed 6-0-2 with Trustees Flores and Guzman abstaining.
ADJOURNMENT
With no further business coming before the Board, the meeting adjourned at 6:22 p.m.
Minutes recorded, transcribed & submitted by:
Sharon Wright, Executive Administrative Assistant, Board Services
Minutes Approved as Submitted:
October 23, 2008