REGULAR MEETING OF THE BOARD OF TRUSTEES HOUSTON COMMUNITY COLLEGE December 13, 2012 Minutes The Board of Trustees of Houston Community College held a Regular Meeting on Thursday, December 13 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 Richard Schechter ADMINISTRATION Art Tyler, Deputy Chancellor/COO Renee Byas, General Counsel 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 Ronald Defalco, Chief Financial Officer Karen Edwards for Willie Williams, Chief Human Resources Officer Remmele Young, Executive Director, Government Relations and Sustainability Kelly Zuniga, Executive Director, HCC Foundation OTHERS PRESENT Jarvis Hollingsworth, System Counsel, Bracewell & Giuliani Tod Bisch, Faculty Senate President Other administrators, citizens and representatives from the news media Houston Community College Regular Meeting – December 13, 2012 – Page 2 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 Ms. Loredo led the prayers and the Pledge of Allegiance to the Flag. FAREWELL RECOGNITION FOR TRUSTEE MARY ANN PEREZ The Board recognized Trustee Mary Ann Perez who was elected to the Texas House of Representative, House District 144. Motion – Mr. Schechter motioned and Mrs. Sane seconded to accept the Resolution recognizing Trustee Mary Ann Perez. The motion passed with a vote of 9-0. The meeting recessed at 4:49 p.m. and reconvened 5:11 p.m. (Present: Trustees Austin, Flores, Mullins, Loredo, Oliver, Perez, Robinson, Sane and Schechter) AWARDS AND RECOGNITIONS • Check Presentation from Houston Housing Resource Check presented to HCC for $10,000 from the Houston Housing Resource to establish the Carmen V. Orta Memorial Scholarship Endowment to provide tuition assistance to students enrolled at HCC who are living in public and supported housing. The funds will assist with tuition, fees and books to eligible students selected by the HCC Foundation Scholarship Committee. (Mr. Schechter stepped out at 5:18 p.m.) (Mrs. Sane stepped out at 5:18 p.m.) (Mr. Oliver stepped out at 5:20 p.m.) • Check Presentation From Verizon Verizon awarded a grant in the amount of $10,000 in support of the Child Advocacy Studies Training (CAST) program for curriculum development, adjunct faculty, community outreach and student scholarships at Coleman College of Health Science. (Mr. Oliver returned at 5:19 p.m.) • Bedichek-Orman Auction Dr. Tod Bisch announced that the Bedichek-Orman Auction raised in excess of $13,000. This annual event raises important support for the Bedichek-Orman Faculty Development Fund which supports professional enrichment activities for Houston Community College Regular Meeting – December 13, 2012 – Page 3 faculty. Mr. Bisch noted that professional enrichment opportunities are crucial to the teaching faculty and Liberians in their day-to-work of teaching, supporting and motivating students. (Mr. Oliver stepped out at 5:23 p.m.) (Mrs. Sane returned at 5:24 p.m.) (Mrs. Flores and Mr. Robinson stepped out at 5:24 p.m.) (Mrs. Flores, Mr. Oliver and Mr. Robinson returned at 5:26 p.m.) (Mr. Schechter returned at 5:27 p.m.) ADJOURNED TO CLOSED SESSION Ms. Perez adjourned the meeting to Executive Session at 5:27 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 6:06 p.m. and entertained motions on pending matters. (Present: Trustees Flores, Loredo, Mullins, Oliver, Perez, Robinson, Sane and Schechter) TOPICS FOR DISCUSSION AND/OR ACTION: Mr. Robinson apprised that he would recuse from acting on the item relating to the Alief Campus (Hayes Rd.) UT Tyler Build-out (Project No. 13-05). (Mr. Robinson stepped out at 6:08 p.m.) ALIEF CAMPUS (HAYES RD.) The University of Texas (UT) TYLER BUILD-OUT (PROJECT NO. 13-05) Motion – Mr. Schechter moved and Ms. Mullins seconded to authorize the Chancellor to negotiate and execute a contract with Tribble and Stephens Construction, Ltd., for the Alief Hayes - UT Tyler Build-Out. Mr. Schechter apprised that the UT Tyler build-out is in conjunction with the UT Tyler agreement to open a campus in 2013, which is a contractual obligation. He informed that the time for build-out requires approval of the contract or there will be a breach of the contract and a breach of the representations made to the community. He apprised that a no vote would expose the college to liability to those who won the bid through a fair and complete procurement process. Houston Community College Regular Meeting – December 13, 2012 – Page 4 Mr. Oliver noted that the legal obligation is to negotiate a contract and informed that as a Trustee for Houston Community College and he will vote for those items that are in the best interest of the college and the community. Ms. Loredo apprised that in the event there is a delay, there is nothing denoting that the program could not begin in August 2013. Mr. Schechter noted that the statement is not true because specialized space is needed. He informed that if the item is not approved, there is a possible breach of contract and a potential lawsuit from the contractor with the highest ranking. Mr. Schechter apprised that by law, the college is obligated to accept the recommendation of administration. Vote – The motion failed with 3-3-1 with Trustees Mullins, Perez, and Schechter in favor, Trustees Flores, Loredo and Oliver opposing, and Trustee Sane abstaining. (Mr. Schechter left at 616 p.m.) (Mrs. Sane stepped out at 6:16 p.m. and returned at 6:17 p.m.) CHAIR’S REPORT • Announcement of Upcoming Vacancy for HCC Trustee Position in District III and Process for the Board’s Appointment to the Position. (Mrs. Flores left at 6:18 p.m.) • Report on Trustees’ completion of Legislatively-mandated training. Trustees Eva Loredo, Sandie Mullins, Mary Ann Perez and Neeta Sane completed the mandatory financial management training on November 4, 2011 and Trustee Carroll G. Robinson completed the training on November 5, 2012. (Ms. Mullins left at 6:20 p.m.) CHANCELLOR’S REPORT • HCC Leadership Excellence Institute (LEI) Dr. Art Tyler introduced the 2013 HCC Leadership Excellence Institute Cohort. He informed that the LEI was established to develop up and coming leaders to fulfill the next generation of leadership required by this institution. • Faculty Senate Report Dr. Tod Bisch, President, Faculty Senate wished everyone a happy holiday season and a happy new year. (Mr. Robinson Returned at 6:23 p.m.) Houston Community College Regular Meeting – December 13, 2012 – Page 5 APPROVAL OF MINUTES Approval of Minutes from the Academic Affairs/Student Services Committee Meeting of November 8, 2012, Audit Committee Meeting of November 8, 2012, Board Governance Committee Meeting of November 8, 2012, Committee of the Whole Meeting of November 8, 2012, External Relations Committee Meeting of November 8, 2012, Finance Sub-Committee Meeting on November 14, 2012, Regular Meeting of November 15, 2012 and Special Meeting of November 19, 2012 Motion – Ms. Loredo moved and Mr. Oliver seconded. The motion passed with vote of 5-0. CONSENT AGENDA Motion – Mr. Oliver moved and Mr. Robinson seconded. Mr. Robinson stated that he would be recusing himself from acting on item #6 regarding the Contract Renewal for Utilities Brokerage Services. Ms. Perez noted that in recusing from action, a quorum would be lost. Mr. Oliver recommended that the meeting be recessed to allow for consultation with Board Counsel. The meeting recessed at 6:25 p.m. and reconvened at 6:29 p.m. (Present: Loredo, Oliver, Perez, Robinson, and Sane) Amended motion - Mr. Oliver moved to approve only items 2 and 4 as a consent agenda. Mrs. Sane seconded. Ms. Perez informed that items 2 and 4 are being approved as a consent agenda. Vote on Amended Motion – The motion passed with vote of 5-0. Vote – The motion passed with vote of 5-0. The following items were approved: • Proposed Revisions to Board Bylaws and Policies • Authorize the Chancellor/Deputy Chancellor to Negotiate Interim Financing with Banks AUTHORIZE PLAN FOR HCC TO SEEK AUTHORITY TO OFFER BACHELOR OF SCIENCE NURSING (BSN) DEGREE Motion – Mr. Oliver moved and Mr. Robinson seconded. Mr. Robinson apprised that he wanted to pull the item to recognize the efforts of Dr. Young, President of Coleman College. Houston Community College Regular Meeting – December 13, 2012 – Page 6 Vote - The motion passed with vote of 5-0. RESOLUTION EXPRESSING INTENT TO FINANCE EXPENDITURES INCURRED Motion – Mr. Robinson moved and Mr. Oliver seconded. Mrs. Perez noted that the item was amended and passed in the COTW meeting to change the acreage to 42 acres; however, that acreage is incorrect. Vote on Amended motion – Mr. Robinson moved and Mr. Oliver seconded to amend to correct the acreage as approximately 22 acres. Vote – The motion passed with a vote of 5-0. CONSIDER BOND PROGRAM MANAGEMENT ORGANIZATION Motion – Mr. Oliver moved and Mr. Robinson seconded. Mr. Robinson recommended that administration provide information on the implementation of safeguard efforts preventing exploitation. Dr. Tyler informed that he would review and bring recommendations back to the Board. Mr. Robinson inquired if it is possible to move Fraga project from Phase II to Phase I. Dr. Tyler noted that the project massing is based on what has been approved by the Board as a ceiling of $300 million. He apprised that once a detail review takes place, consideration could be given to the switching of the projects. Mr. Oliver noted that he would be in favor of the suggestion by Trustee Robinson to move the Fraga project to the first phase. Vote – The motion passed with a vote of 5-0. INVESTMENT REPORT FOR THE MONTH OF OCTOBER 2012 AND MONTHLY FINANCE REPORT FOR NOVEMBER 2012 Motion – Mr. Oliver moved and Mrs. Sane seconded. Mrs. Perez recessed the meeting at 6:43 p.m. and reconvened at 6:44 p.m. (Present: Trustees Loredo, Oliver, Perez, Robinson and Sane) Dr. Tyler informed that he met with Standard and Poor’s to present the financials of the college. He apprised that both groups commented favorably on the college not losing any funds on investment as were impressed with the management of the college’s financials. Dr. Tyler noted that the reserve is well above the eleven percent requirement of the Board reserve policy. Vote – The motion passed with vote of 5-0. Houston Community College Regular Meeting – December 13, 2012 – Page 7 PERSONNEL AGENDA FOR NOVEMBER AND DECEMBER 2012 Motion – Mr. Oliver moved and Mrs. Sane seconded. The motion passed with vote of 50. Mr. Oliver announced that the Christopher Oliver Winter Holiday Golf Tournament will be held on December 31, 2012 at the Clear Creek Golf Club, which will benefit the Minority Male Initiative. HEARING OF CITIZENS • Daniel Arp The Board of Trustees individually and collectively expressed Happy Holidays to the administration, staff, faculty, students, and community. ADJOURNMENT With no further business coming before the Board, the meeting adjourned at 6:59 p.m. Minutes recorded, transcribed & submitted by: Sharon Wright, Manager, Board Services Minutes Approved as Submitted: January 17, 2013