SPECIAL MEETING OF THE BOARD OF TRUSTEES HOUSTON COMMUNITY COLLEGE September 15, 2009 Minutes The Board of Trustees of Houston Community College held a Special Meeting on Tuesday, September 15, 2009 at the HCC Administration Building, 3100 Main, 2nd Floor, Seminar Room A, Houston, Texas. Board of Trustees Present: Diane Olmos Guzman, Secretary Bruce A. Austin Yolanda Navarro Flores Richard Schechter Mills Worsham Administration Present: Art Tyler, Deputy Chancellor/COO Renee Byas, General Counsel William Carter, Vice Chancellor, Information Technology Cheryl Sterling, Interim Vice Chancellor, Student Services Margaret Ford Fisher, President, Northeast Fena Garza, President, Southwest College Remmele Young, Executive Director, Government Relations Others Present: Kim James, Counsel, Bracewell & Giuliani Bennie Ables, President, Faculty Senate Other administrators, citizens, and representatives of the news media CALL TO ORDER Mrs. Guzman called the meeting to order at 12:28 p.m. and declared the Board convened to consider matters pertaining to Houston Community College as listed on the duly posted Meeting Notice. Motion – Mrs. Flores moved and Mr. Worsham seconded. Dr. Tyler provided a presentation on the development of the proposed tax rate. Mr. Austin noted that the Chief Financial Officer (CFO) needs to be a Certified Public Accountant (CPA). Dr. Tyler apprised that the Ron Defalco, the CFO, is a CPA. Mr. Defalco noted that the numbers provided are via a template from the Tax Assessor’s Office. Dr. Tyler noted that the budget office completes the calculations. Mr. Austin asked who is with the budget office. Dr. Tyler apprised that the budget office is composed of Carla Bender and Virginia Parras. Houston Community College Special Meeting – September 15, 2009 – Page 2 Mrs. Flores asked Mrs. Parras if she has financial or accounting background. Mrs. Parras informed that she has a Master’s in Business Administration. Mr. Schechter asked for clarification in that the numbers are calculated via information provided by the governing entity. He also mentioned that based on information provided by administration the voters would have to vote if the number is above the rollback rate. Mrs. Flores noted that Mr. Austin’s inquiry regarding irregularities is to make certain that decisions are based on validated numbers provided by someone with an extensive financial background. Mr. Defalco informed that the auditors review the information annually. Dr. Tyler apprised that the Tax Assessor is also audited annually. Mrs. Guzman noted that there is a layer of safety in that the Tax Assessor’s Office is audited. Mr. Schechter asked what would be the consequences on the budget if the rate is reduced. Dr. Tyler noted that last year the rate was presented as .092433 and the board lowered the rate to .092430, which was approximately $3 million. He noted that the every one ten thousandth is approximately $1 million. Mr. Austin inquired if the Board should be considering the effective rate as opposed to the rollback rate. Dr. Tyler noted that administration recommended a rate below the effective rate. He noted that the Tax Assessors’ Office informed that because the college rate is below the effective rate, public hearings are not necessary; however, he noted that administration is recommending that public hearings are held to provide an opportunity for public comments. Dr. Tyler noted that if there are zero delinquent collections, there would be a budget forecast shortfall of approximately $62,000. Mr. Schechter asked where the college is regarding projected enrollment. Dr. Tyler noted that enrollment is 12% above last year’s fall enrollment and there has been significant increase of the growth rate set by the Board by an estimated 1.5%. He noted that a 3.5% has been factored into the cost. (Mr. Worsham stepped out at 12:54 p.m./returned at 12:55 p.m.) Mr. Schechter apprised that he recollected a different number for last year and inquired of the cost effect for reducing the tax rate. Dr. Tyler noted that the effect was approximately $3 million. Mrs. Flores asked for the deadline for adopting the rate. Dr. Tyler noted that the rate must be published to the public; therefore, a proposed rate needs to be approved. Houston Community College Special Meeting – September 15, 2009 – Page 3 Mr. Worsham asked for clarification. Dr. Tyler noted that the public hearings are not necessary since the proposed rate is below the effective rate. Mr. Worsham noted that there were several hearings held on last year before the tax rate was adopted. Dr. Tyler noted that if the proposed rate is approved today, public hearings will not be required. Mrs. Parras noted that if the rate is approved and the public hearings are held, then there will need to be another meeting to adopt the rate on or before October 15, 2009. Mrs. Flores noted that it would probably be better to have the hearings to send a message of transparency. Mrs. Flores requested information regarding the expenditures of raises recently approved and the potential impact of a reduced rate. Dr. Tyler mentioned that the raises were built into the overall budget. He noted that if the rate is adopted the net would be approximately $2.3 million above the June forecast. He noted that the Board approved the second portion of the raises to be suspended until a review of the financial status in January 2010. Mr. Worsham noted that public hearings provide an opportunity to hear from the citizens. He noted that he is in favor of lowering the rate even more as noted by Trustee Schechter. Mrs. Guzman asked for the rate that would need to be set from the meeting today. Mr. Austin inquired if the rate remains the same as last year, what is the dollar effect. Mr. Carlos Allen with RBC noted that the amount would be $104 million. He noted that the effect of lowering the rate would only be $1,000. Mrs. Flores referenced the information on the last page regarding the Public Facility Corporation (PFC) relating to lease revenues. She noted that the PFC is a separate entity which does not come out of property taxes and inquired regarding co-mingling of funds. Mr. Deface informed that because of the Alief annexation, Bond Counsel opined and advised that the college has authority to determine which funds to utilize. Dr. Tyler noted that the PFC is totally separate; however, the college has an obligation to pay the PFC, which could be either out of operating funds or from the maintenance tax funds and noted that the concurrence with Bond Counsel is to make the change with the PFC lease revenue. Mr. Defalco advised that there is no fund co-mingling and noted that he recommended the utilization of the maintenance tax fund option. Mr. Schechter moved and Mr. Worsham seconded to recess the meeting. The meeting recessed at 1:36 p.m. and reconvened at 2:02 p.m. Mr. Austin noted that the information provided by administration and financial advisors per the spreadsheet presented should allow the Board to move forward. Houston Community College Special Meeting – September 15, 2009 – Page 4 Motion – Mr. Austin moved to hold two hearings regarding the tax rate. Mrs. Flores seconded. Motion passed 5-0. The Board entered a discussion regarding the proposed rate and when the public hearings would be scheduled. Mrs. Flores requested a copy of the spreadsheet developed by the financial advisors regarding the tax rate. Dr. Tyler announced that the Board would have to adopt a proposed tax rate today. Motion – Mr. Worsham motion to adopt a proposed tax rate of 0.092330, which is lower than the existing rate. Mr. Austin seconded the motion. The motion passed with a vote of 5-0. Motion - Mr. Schechter moved to hold public hearings on Thursday, September 24, 2009 and Thursday, October 1, 2009. Mrs. Flores seconded. The motion passed 50. ADJOURNMENT With no further business, the meeting adjourned at 2:14 p.m. Recorded by: Sharon R. Wright, Executive Administrative Assistant, Board Services Transcribed and submitted by: Sharon Wright, Executive Administrative Assistant, Board Services Minutes Approved: