REGULAR MEETING
OF THE BOARD OF TRUSTEES
HOUSTON COMMUNITY COLLEGE
November 15, 2012
Minutes
The Board of Trustees of Houston Community College held a Regular Meeting on
Thursday, November 15, 2012 at the HCC Administration Building, Second Floor
Auditorium, 3100 Main, Houston, Texas.
BOARD MEMBERS PRESENT
Mary Ann Perez, Chair
Bruce A. Austin, Vice Chair
Yolanda Navarro Flores
Eva Loredo
Sandie Mullins
Christopher W. Oliver
Carroll G. Robinson
Neeta Sane
ADMINISTRATION
Mary Spangler, Chancellor
Art Tyler, Deputy Chancellor/COO
Renee Byas, General Counsel
Shantay Grays, Chief of Staff
William Carter, Vice Chancellor, Information Technology
Charles Cook, Vice Chancellor, Instruction
Diana Pino, Vice Chancellor, Student Success
Margaret Ford Fisher, President, Northeast College
Fena Garza, President, Southwest College
William Harmon, President, Coleman College
Zachary Hodges, President, Northwest College
Irene Porcarello, President, Southeast College
Betty Young, President, Coleman College
Dan Arguijo, Chief Communications Officer
Winston Dahse, Chief Administration Officer
Ron Defalco, Chief Financial Officer
Willie Williams, Chief Human Resources Officer
OTHERS PRESENT
Jarvis Hollingsworth, System Counsel, Bracewell & Giuliani
Tod Bisch, Faculty Senate President
James Walker, President, COPA
Leslie Berardo, External Auditor, Gainer Donnelly & Desroches
Alyssa Hill, External Auditor, Gainer Donnelly & Desroches
Brian Jacobowski, RBC Capital Markets
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Regular Meeting – November 15, 2012 – Page 2
Tom Sage, Bond Counsel, Andrews Kurth
Other administrators, citizens and representatives from the news media
CALL TO ORDER
Ms. Perez, Chair, called the meeting to order at 4:07 p.m. and declared the Board
convened to consider matters pertaining to Houston Community College as listed on the
duly posted Meeting Notice.
PRAYER AND PLEDGE OF ALLEGIANCE
Mr. Austin led the prayer and the Pledge of Allegiance to the Flag.
(Mr. Austin arrived at 4:16 p.m.)
APPROVAL OF MINUTES
Approval of Minutes from the Finance Sub-committee Meeting of October 1, 2012,
Academic Affairs/Student Services Meeting of October 18, 2012, Committee of the
Whole Meeting October 18, 2012, External Relations Committee Meeting of October
18, 2012, and Regular Meeting of October 25, 2012.
Motion – Mr. Austin moved and Mrs. Sane seconded to approve the minutes. The
motion passed with a vote of 6-0.
(Mrs. Flores arrived at 4:10 p.m.)
CHAIRMAN’S REPORT
•
Approved Bond Referendum
Ms. Perez expressed appreciation to everyone for their efforts regarding the
2012 Bond Referendum that was approved in the General Election held on
November 6, 2012.
•
Regular Board Meeting for December 2012
Ms. Perez announced that the next Regular meeting will be held on December
13, 2012, which will be the last meeting for the year.
Ms. Perez recessed the meeting at 4:13 p.m. and reconvened at 4:26 p.m.
(Present: Trustees Austin, Flores, Loredo, Mullins, Oliver, Perez, Robinson, and Sane)
CHANCELLOR’S REPORT
•
Bank of America Grant
The Bank of America Charitable Foundation has funded a $30,000 grant to the
HCC Foundation. The grant is part of Bank of America’s investment to help
connect the unemployed, under-employed, veterans, youth and those with
disabilities to employment opportunities and success. The funding will establish
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Regular Meeting – November 15, 2012 – Page 3
the workforce dual credit career pathways project at Alief Early College High
School.
Faculty Senate Report
Dr. Tod Bisch congratulated the Board, Administration, Faculty, and Staff for the
successful approval of the bond referendum. He noted that the Faculty Senate
passed three resolutions dealing with technology issues and moving of HCC
email news to the My HCC website.
Dr. Bisch recognized Drs. Thomas Urban and Nathan Smith for their published
article Sometimes Shorter is Better, but Not Always: A Case Study. He also
announced that the Bedi-chek auction information would be provided at the
Regular Meeting scheduled for December 13, 2012.
CONSENT AGENDA
Ms. Perez informed that item #6 is being pulled for consideration at the Special Meeting
to be held Monday, November 19, 2012.
Motion – Ms. Loredo moved and Mr. Robinson seconded to approve the consent
agenda. The motion passed with a vote of 8-0. The following items were approved:
•
Contract Extension for External Audit Services from July 13, 2013 to December
31, 2013
•
Electrical Power Services (Project No. 12-24)
ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED AUGUST 31, 2012
Motion- Mrs. Sane moved to accept the annual financial report and Mr. Robinson
seconded.
Mr. Robinson inquired of the balance of the Maintenance Tax Notes (MTN) and revenue
bonds.
Dr. Tyler informed that there is a balance of $53,278 from the General Obligation (GO)
bond of 2003 and $15,817 unexpended from 2006 and 2008 MTN. Dr. Tyler apprised
that there is $23,002,665 in the 2010 MTN that is unexpended; however most of the
money is committed to various projects.
Mr. Robinson noted that his reason for the inquiry is to back into the numbers regarding
the construction. He also apprised that the inquiry assists with making certain there is a
construction tracking mechanism in place regarding the bond funds approved.
Mr. Robinson inquired if there are any findings regarding the maintenance tax notes.
Leslie Berardo, External Auditor, Gainer Donnelly & Desroches advised that there are
no material findings on the construction account.
Mrs. Flores requested to be directed to the account on Qatar and inquired of the
expenditures and account receivable balance.
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Regular Meeting – November 15, 2012 – Page 4
Ms. Alyssa Hill, External Auditor, Gainer Donnelly & Desroches apprised that all items
are not shown individually; however, the Qatar receivables are disclosed in the footnote
#19 on page 48. She noted that as of August 31st the receivable was approximately $2
million.
(Mr. Oliver stepped out at 4:40 p.m.)
Mrs. Flores inquired of the other amount. Ms. Hill informed that the referenced balance
was regarding the amount that was due as of last year and noted that it has been
received.
Ms. Hill apprised that the expenditures are shown on page 54 and Dr. Tyler apprised
that the revenues are also shown on page 54.
Vote – The motion passed with vote of 7-0.
(Mr. Oliver returned at 4:43 p.m.)
STATE AND LOCAL GOVERNMENT RELATIONS CONSULTING SERVICES
(PROJECT NO. 12-47)
Motion – Mrs. Flores moved and Mrs. Sane seconded. The motion passed with a vote
of 8-0.
FEDERAL GOVERNMENT RELATIONS CONSULTING SERVICES (PROJECT NO.
12-47)
Motion - Ms. Mullins moved. The motion died for lack of a second.
Motion to Reconsider - Ms. Mullins moved to reconsider and Mr. Austin seconded.
Mr. Austin inquired if the item was decided via action from the committee. Mr.
Hollingsworth apprised that the item was passed favorably in the External Relations
Committee meeting.
Vote – The motion failed with vote of 3-5 with Trustees Austin, Mullins, and Sane in
favor and Trustees Flores, Loredo, Oliver, Perez, and Robinson opposing.
LANDSCAPING AND GROUND MAINTENANCE SERVICES (PROJECT NO. 12-49)
Motion – Mr. Oliver moved and Mr. Austin seconded.
Ms. Mullins inquired of the expense and inquired if there has been a reduction regarding
the current bid. Dr. Tyler apprised that the information could be provided. He noted that
the number will vary up and down according to need.
Ms. Mullins inquired of the small business percentage and informed that the 7.68
percent is an odd number. Dr. Tyler apprised that the number was provided by the
vendor and referred the item to Mr. Rogelio Anasagasti, Executive Director,
Procurement Operations.
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Regular Meeting – November 15, 2012 – Page 5
Mr. Anasagasti apprised that the vendor responded specifically to mulch and flower
beds.
Ms. Mullins reiterated that her inquiry was regarding the small business. Mr. Anasagasti
apprised that the vendor proposal was to self-perform a significant part of the work and
the small business best effort is for services to include mulch and flower beds.
Mr. Robinson inquired as to the amount that was expended on landscaping last year
and noted that the information should be readily available.
Mr. Robinson referenced the second paragraph under the recommendation and
apprised that the Chancellor has contract authority up to $100,000; however, he
inquired if the recommendation is to create an exception and allow the Chancellor the
authority to approve beyond the contract authority.
Mr. Oliver noted that the Deputy Chancellor informed that the amount would increase
according to the buildings that may come on line.
Dr. Tyler informed that there is not a timeframe regarding the bond projects. He
apprised that a timeline will be developed. He noted that additional support is needed in
reference to the facility staff. He informed that the answer would be available; however,
it is not available at this time.
Mr. Oliver apprised that he does not desire to see any arbitrary exceptions in regards to
contracts exceeding $100,000. Dr. Tyler informed that he has requested the
information regarding last year’s expenditure.
Mr. Robinson apprised that he does not have an issue regarding the item; however, he
is inquiring with his colleagues if they are waiving their authority to allow approval of the
item. He noted that his thoughts are to place a specific cap on the item.
Mr. Oliver informed that he is not certain the request is to waive policy but to allow for
some wriggle room. He apprised that he would like to see the amount that was
expended last year.
Mr. Hollingsworth noted that any authority provided by the Board is capped and does
not give the Chancellor a blank check. He informed that change orders are limited to 10
percent.
Mr. Robinson apprised that if there is a policy in place, then the language is not needed.
Amended Motion – Mr. Robinson moved and Ms. Mullins seconded to amend the item
to remove the second paragraph under the recommendation. The motion passed with
vote of 8-0.
Vote – The motion passed with vote of 6-2 with Mrs. Flores and Mr. Robinson opposing.
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Regular Meeting – November 15, 2012 – Page 6
INVESTMENT POLICY FOR FISCAL YEAR 2012-2013
Motion – Mr. Robinson moved and Mrs. Sane seconded.
Mr. Robinson inquired if there was any substance change. Dr. Tyler apprised that the
change was to provide clarification and is highlighted in the policy presented.
Ms. Mullins referenced page 7 and inquired if it is the college’s reserve. Dr. Tyler noted
that it is not the reserve required by the Board.
Vote – The motion passed with a vote of 8-0.
TOPICS FOR DISCUSSION AND/OR ACTION:
Ms. Perez apprised that items 1, 4, and 5 were pulled and will be considered at the
Special Meeting scheduled for Monday, November 19, 2012.
Ms. Perez apprised that item 1 was pulled because the official cumulative report was
not received from the County; therefore, the canvass of the election could not be
conducted. She noted that the items 4 and 5 were pulled to allow the Board additional
time to consider the item. She informed that the items were discussed in the Finance
Sub-Committee held on November 14, 2012.
(Ms. Flores stepped out at 5:07 p.m.)
INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER 2012 AND MONTHLY
FINANCE REPORT FOR OCTOBER 2012
Motion – Mr. Oliver moved and Mr. Robinson seconded.
Dr. Tyler noted that the college’s investments continue to be positive. He reiterated the
acknowledgment of the Investment and Financial Department. He apprised that the
team has been a leader in making a difference in difficult times.
Mr. Robinson requested the figures regarding for marketing efforts relating to
enrollment. He informed that there should be a correlation and informed that he would
like a better understanding of the tuition variables.
(Mrs. Flores returned at 5:15 p.m.)
Ms. Mullins apprised that better marketing needs to be done with the school districts.
Mr. Austin noted that when discussing the variables, the dropout number is not
included. He informed that retention is another variable that has to be considered;
however, all variables must be included for consideration.
Vote on Investment Report – The motion passed with a vote of 7-0-1 with Mrs. Flores
abstaining.
Dr. Tyler noted for a point of clarification on page 30 under Fund 3209 that the
beginning balances for Qatar of $912,000; he apprised that the funds are unrestricted.
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Regular Meeting – November 15, 2012 – Page 7
Vote on Financial Report – The motion passed with a vote of 8-0.
ADJOURNED TO CLOSED SESSION
Ms. Perez adjourned the meeting to Executive Session at 5:22 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. Ms. Perez 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.
Ms. Perez reconvened the meeting in Open Session at 5:39 p.m. and entertained
motions on pending matters.
(Present: Trustees Austin, Mullins, Oliver, Perez, Robinson, and Sane)
PURCHASE OF 21 ACRES OF PROPERTY IN NORTH FOREST AT OR NEAR
HOMESTEAD ROAD AND LITTLE YORK ROAD
Motion – Mr. Austin moved and Mrs. Sane. The motion passed with a vote of 6-0.
(Mr. Austin stepped out at 5:40 p.m.)
HEARING OF CITIZENS
The following citizen(s) spoke before the Board:
(Mrs. Flores and Ms. Loredo joined the meeting at 5:42 p.m.)
•
Jesus Medel
(Mr. Oliver stepped out at 5:42 p.m.)
•
John Martinez
(Mr. Oliver returned at 5:45 p.m.)
•
Johnny Mata
•
Joe Ramirez
•
Daniel Arp
ADJOURNMENT
With no further business coming before the Board, the meeting adjourned at 5:57 p.m.
Minutes recorded, transcribed & submitted by:
Sharon Wright, Manager, Board Services
Minutes Approved as Submitted:
December 13, 2012