MEETING OF THE COMMITTEE OF THE WHOLE
OF THE BOARD OF TRUSTEES
HOUSTON COMMUNITY COLLEGE
October 27, 2010
Minutes
The Board of Trustees of Houston Community College met as a Committee of the
Whole on Wednesday October 27, 2010, at the HCC Administration Building, 2nd Floor,
3100 Main in Seminar Room A, Houston, Texas.
COMMITTEE MEMBERS PRESENT
Dr. Michael P. Williams, Board Chair
Neeta Sane, Vice Chair
Sandie Mullins, Secretary
Bruce Austin
Yolanda Navarro Flores
Eva Loredo
Mary Ann Perez
Christopher Oliver
ADMINISTRATION
Mary S. Spangler, Chancellor
Art Tyler, Deputy Chancellor/COO
Doretha Eason, Executive Assistant to the Chancellor
Renee Byas, General Counsel
William Carter, Vice Chancellor, Information Technology
Diana Pino, Vice Chancellor, Student Services
Margaret Ford Fisher, President, Northeast College
Fena Garza, President, Southwest College
William Harmon, President, Central College
Zachary Hodges, President, Northwest
Irene Porcarello, President, Southeast College
Betty Young, President, Coleman College
Willie Williams, Chief Human Resources Officer
OTHERS PRESENT
Jarvis Hollingsworth, Counsel, Bracewell & Giuliani
Alan Ainsworth, President, Faculty Senate
Other administrators, citizens, and representatives of the news media
CALL TO ORDER
Mrs. Sane, Vice Chair, called the meeting to order at 4:18 p.m. and declared the
Committee convened to consider matters pertaining to Houston Community College as
listed on the duly posted Meeting Notice.
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Committee of the Whole – October 27, 2010 - Page 2
Mrs. Sane informed that Dr. Williams requested the item regarding the Program and
Project Management Services for San Jacinto Building Renovation (Project #11-06) be
discussed later on the agenda.
Mr. Austin asked if this will be an ad hoc procedure for future presentations.
(Mrs. Flores arrived at 4:20 p.m.)
Mr. Hollingsworth noted that it is the Board’s discretion if presentations are held.
HCC Board Appointment to Missouri City Tax Incremental Reinvestment (TIRZ)
Zone 3
Motion – Mrs. Flores moved and Mr. Austin seconded.
(Mr. Oliver arrived at 4:23 p.m.)
Mrs. Sane informed that the Board approved participation in the Missouri City TIRZ and
noted that the term for the Board’s representation expires on December 2, 2010.
Vote – The motion passed with a vote of 7-0.
Method of Project Delivery for Parking Garage Build-out at 3100 Main
Motion – Mr. Oliver moved and Mrs. Perez seconded.
Mrs. Loredo requested clarification regarding the item and the process. Dr. Spangler
informed that the item provides for the method of construction regarding the project.
She noted that the process now requires that the Board select a method.
Mr. Austin commended the administration on providing the summary along with the
various methods available.
Vote – The motion passed with vote of 7-0.
Payment to Smyser, Kaplan & Veselka for Professional Services Rendered for the
period June 1, 2010 through June 30, 2010
Motion – Mrs. Perez moved and Mr. Austin seconded.
Mrs. Flores asked if an invoice with the breakdown was available. Renee Byas informed
that there is no description of the services.
Mrs. Flores asked if that is a normal process. Mrs. Byas informed that there has not
been services such as this since her arrival at the college.
Mr. Oliver asked if he should recuse himself from the vote. Mr. Hollingsworth advised
that he could vote on the item if he felt comfortable.
Vote – The motion passed with vote of 6-1 with Trustee Flores opposing.
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Committee of the Whole – October 27, 2010 - Page 3
Contract Extension with Barnes and Noble Bookstore
Motion – Ms. Mullins moved and Ms. Loredo seconded.
Dr. Spangler apprised that an extensive review of the textbook issue has taken place
along with discussion with faculty and surveys from the student body regarding
textbooks. She noted that the current contract expired.
Mr. Oliver inquired if there is an estimation of the cost for extending the contract. Dr.
Tyler apprised that there is not a cost per say regarding the contract; however, it
provides a percentage of sales to be given back to college to cover the costs of facilities
and utilities of operating the bookstores and recoup capital for build-out and
development.
Mrs. Flores noted that completion of the Fiscal Impact section would assist in clarifying
such concerns as those presented by Mr. Oliver.
Vote – The motion passed with a vote of 7-0.
Investment Report for the Month of August 2010
Motion – Mrs. Flores moved and Mrs. Perez seconded. The motion passed with a vote
of 7-0.
Monthly Finance Report for September 2010
Motion – Mrs. Perez moved and Ms. Mullins seconded.
Dr. Tyler provided an overview of the financial condition of the college and apprised that
the budget continues to be healthy and robust. He noted that the month of September
ended with 13.2% of the revenue intact.
(Mrs. Loredo left at 4:42 p.m.)
Dr. Tyler apprised that the external auditors report should be provided to the Board
towards the end of November.
Mrs. Perez asked if any of the funds could be reallocated. Dr. Tyler apprised that the
Board has the latitude to redirect how the construction funds are utilized.
Mr. Austin asked counsel if he is familiar with the Texas constitution and noted that
Article 1.16 prohibits law impairing the obligation of contracts. He noted that there have
been numerous cases in respect to laws that require voter approval for proceeds of a
tax being used for intended purposes and inquired if there is someone in house who
oversees the compliance to make certain funds are utilized in accordance to the
purpose intended.
Mr. Hollingsworth noted that until the contract with the voters has been fulfilled, the
consideration by the Board to utilize funds for other projects could not be done.
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Committee of the Whole – October 27, 2010 - Page 4
Mrs. Perez asked counsel to opine the language that was used for the CIP bond. Dr.
Tyler informed that he would work with staff to identify funds availability to consider the
request of Mrs. Perez.
Mrs. Sane requested information on the process if the Board considers the request.
Mr. Austin informed that incoming Trustees should be provided information that
adequately identifies the various projects under the CIP and the usage of the funds.
Mr. Oliver noted that it would be helpful for administration to provide an assessment that
identifies the needs for various campuses and funding availability. He noted that
construction costs fluctuate and that the college has been able to stretch the funds
approved in the bond measure. Mr. Oliver noted that the project manager should be
able to provide an assessment to include the college presidents’ input.
(Dr. Williams arrived at 5:04 p.m.)
Mr. Austin noted that identifying a revenue stream regarding such requests should be
possible. Mr. Oliver requested that an assessment is provided as the projects are
completed and removed from the project list.
Mrs. Flores requested counsel provide the language utilized in previous bond. Mr.
Hollingsworth apprised that he would provide the requested information.
Dr. Williams inquired if there was a system-wide review regarding parking issues
throughout the college. Dr. Tyler apprised that the preliminary report to be provided by
the master planner includes the parking issues. He noted that the master planner
reviewed the referenced report and incorporated those issues in the assessment.
Mr. Austin noted that there is a difference in what is planned and what is financed and
noted that a review of multi-use facilities may need to be considered.
Vote – The motion passed with a vote of 7-0.
The meeting recessed at 5:12 p.m. and reconvened at 5:27 p.m.
(Present: Trustees Austin, Flores, Loredo, Mullins, Perez, Oliver, Sane, and Williams)
ADJOURNED TO CLOSED SESSION
Dr. Williams adjourned the meeting to Executive Session at 5:28 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. Dr. Williams 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.
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Committee of the Whole – October 27, 2010 - Page 5
Dr. Williams reconvened the meeting in Open Session at 6:27 p.m. and entertained
motions on pending matters.
(Present: Trustees Austin, Perez, Oliver, Sane, and Williams)
Real Estate Transaction Located at 9424 Fannin
Motion – Mr. Oliver moved to approved and Mrs. Perez seconded. The motion passed
with a vote of 5-0.
Program and Project Management Services for San Jacinto Building Renovation
(Project #11-06)
Motion – Mr. Oliver moved to approve and Mrs. Perez seconded. The motion passed
with a vote of 5-0.
Extension of Aramark Facilities Service Contract
Motion - Mr. Oliver moved and Mrs. Perez seconded to approve.
Dr. Spangler apprised that the contracted extension is needed in order to continue to
have facilities maintenance services and noted that the cost exceeds her signature
authority.
Mr. Oliver and Mrs. Perez withdrew the motion. The item will be under new topics for
discussion on the Regular Board meeting agenda.
REPORT FROM APPOINTED COMMITTEES
The following reports were provided to the appointed committee(s):
Board Governance
Mrs. Perez apprised that the Board Governance Committee discussed the
Compensation and Travel Reimbursement policy and apprised that the Committee is
recommending a per diem and cash advance amount.
Mr. Oliver asked if the cash advance or per diem could be increased to $100 per day.
He noted that there are costs variances according to the city visiting.
Mrs. Perez apprised that the concern has been vetted in the committee and noted that if
there is a need to expend more than the allowable amount, the opportunity to have the
expense approved would be available.
Mr. Oliver noted that most other elected officials are compensated.
Mrs. Perez apprised that the recommendation reflects industry standards in comparison
with other elected officials and colleagues in entity of similar settings.
Mr. Austin noted that most expenses are covered from a pre-paid standpoint excluding
meals.
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Committee of the Whole – October 27, 2010 - Page 6
Dr. Williams inquired of what administration receive on a reimbursement basis. Mrs.
Perez noted that there should not be a comparison to administration.
The Board concluded to revisit the item at the next Board Governance Committee
meeting scheduled for November 2, 2010.
Dr. Williams apologized to the vendors who were present to provide presentations. He
noted that the procurement process require that the negotiations are done with the
highest scored vendor.
ADJOURNMENT
With no further business, the meeting adjourned at 6:42 p.m.
Recorded by:
Sharon R. Wright, Manager, Board Services
Transcribed and submitted by:
Sharon Wright, Manager, Board Services
Minutes Approved: