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August Minutes
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HOUSTON COMMUNITY COLLEGE SYSTEM
REGULAR MEETING OF
THE BOARD OF TRUSTEES
August 26, 1999
Minutes
The Board of Trustees of the Houston Community College System held a Regular Meeting
on August 26, 1999 at the HCCS Heinen Theatre, 3517 Austin @ Holman, Houston,
Texas.
BOARD MEMBERS PRESENT
Christopher W. Oliver, Chairman
Abel Davila, Vice Chairman
James R. Murphy, Secretary
Bruce A. Austin
John Fonteno
Herlinda Garcia
M. James Henderson
W. R. Russell, Deputy Secretary
Carol H. Smith
ADMINISTRATION
Ruth Burgos-Sasscer, Chancellor
Sylvia Ramos, President, HCC-Southeast
Sue Cox, President, HCC-Southwest
Jack E. Daniels, President, HCC-Central
Margaret Forde, President, HCC-Northeast
Zachary Hodges, President, HCC-Northwest
Patricia Fairchild, Vice Chancellor, Workforce Development
Charles Cook, Vice Chancellor, Educational Development
Patricia Williamson, Vice Chancellor, Institutional Development
Joseph Fenninger, Chief Financial Officer
Winston Dahse, Executive Director, Materials Management
OTHERS PRESENT
Arturo Michel, Bracewell and Patterson
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Jorge Rodriguez, Coastal Securities
Other administrators, staff, representatives of the news media and interested citizens
CALL TO ORDER
Mr. Oliver called the Meeting to order at 4:23 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
Mr. Oliver led the audience in the Pledge of Allegiance and offered the prayer.
ANNOUNCEMENTS
Mr. Oliver noted that HCCS has opened three new facilities and are within days of
opening more. He also announced that the Chancellors Evaluation Committee has been
appointed and will issue its report to the full board in the future. In addition, the Board
has met to discuss the FY 2000 Budget and annexation. He said that a new spirit of
cooperation has been forged recently to the advantage of all concerned parties at HCCS.
Mr. Oliver expressed sincere appreciation for these efforts and urged a continuation in
this positive direction for the future well-being of HCCS.
MINUTES APPROVED
Mr. Murphy moved to approve the Minutes from the Regular Meeting of June 24, 1999,
the Special Meeting of July 16-17, 1999, and the Regular Meeting of July 22, 1999. Ms.
Smith seconded the motion.
In reference to the purchase of 3100 Main, Mr. Austin asked if the normal custom of the
college is to obtain 3 appraisals on property. In response, Mr. Fenninger stated HCCS is
not required to do an appraisal of 3100 Main. However, a market value analysis was
performed. Mr. Austin asked counsel what college policy stipulates in terms of purchase
of property. Mr. Michel stated that it is a legal requirement to conduct an appraisal when
selling property. Mr. Austin recommended the adoption of a policy to obtain an
appropriate appraisal any time the college plans to buy property.
Mrs. Garcia stated she had a question of counsel in regard to the Minutes and asked to
defer approval of the Minutes until the Board held discussion in Executive Session.
Mrs. Garcia moved to table the Minutes. Mr. Henderson seconded the motion. After
discussion, motion carried 8-0 (Mr. Russell arrived during the vote).
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AWARDS AND PRESENTATIONS
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Faculty Recognition Award-Michael Sofranko, an English and Creative Writing
instructor at Northwest College has been with the college for 13 years. He is the
recipient of numerous teaching awards and has served as a department chair for a
number of years. He has also piloted a teachers partnership program with the Cy
Fair School district and has been a distinguished representative for HCCS at various
professional activities in the community.
Resolution -The Board of Trustees presented a Resolution to Dr. Max Castillo,
President of University of Houston-Downtown, in honor of the schools 25th
Anniversary. UH-Downtown receives a large number of HCC students as they
continue their education. This university serves more than 8,000 full- and part-time
students and recently was designated by U.S. News & World Report as one of the
most diverse universities in the nation.
Dr. Castillo accepted the Resolution and expressed appreciation to the Board of
Trustees and Chancellor. He said that the award will be prominently displayed at
the 25th Celebration on August 31st and he invited the college to join UHDowntown at the ceremony. He said that HCC transfer students make up the
nucleus of UH-D's transfer success. He indicated that UH-Downtown would continue
to nurture this very important relationship that facilitates educational success by all
elements of the Houston community
HEARING OF CITIZENS
Mr. Oliver gave preface to the Hearing of Citizens and asked if any of the duly registered
speakers were present. Mr. Oliver noted that this part of the meeting would also include
the Annual Public Hearing for the proposed FY 2000 HCCS Budget.
a. Bernard C. Amadi, Deama Services, addressed the Board to discuss contract/
vendor services. He said that his firm had turned in a low bid for a project and had
been unfairly passed over in the selection process. Mr. Amadi alleged discrimination
on the basis of personality conflict and language barrier. He requested that the
Board intervene in this matter.
2. Nanette Tucker, East Fort Bend Human Needs Ministry, thanked HCC-Southwest for
conducting a food drive to benefit this ministry. Ms. Tucker presented the Board a
certificate of appreciation for Southwest College's support.
3. Jerry Wyatt, Mayor Pro-Tem, Missouri City, Texas, addressed the Board to support
of the agenda item recommending approval for annexation of Missouri City. Mr.
Wyatt, who chaired the Missouri City subcommittee which considered annexation,
stated the entire City Council is in favor of this action.
4. James Partsch-Galvan, a citizen, addressed the Board to discuss the proposed
annexation and the need for a policy change regarding signing up to appear before
the Board. Mr. Galvan suggested the Board adopt a method of allowing for the
signing up of citizens over the telephone rather than requiring a personal
appearance because the current policy could be in violation of the Americans with
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Disabilities Act. He added that we need to make it easier to appear, not more
difficult. Mr. Galvan asked if the proposed annexation would affect Hispanic
representation on the Board by diluting the Hispanic and Black voting power. He
recommended allowing the citizenry to vote and decide this issue.
There were no taxpayers present to discuss the proposed FY 2000 Budget.
APPROVAL OF CONSENT AGENDA
Motion No. 945- Mr. Murphy moved approval of the consent agenda, with the exception
of items B5, B6, B14, B25, B30, C33, C34, D36, D40, E44, which were set aside for
further discussion. Ms. Smith seconded the motion. The motion carried (9-0). The
following items were then approved:
I. Instructional Programs
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Approved Health Careers Clinical Affiliation Agreement;
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Approved 1999-2000 State Agreements for Adult Literacy Program;
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Approved 1999-2000 Agreements for Federal (AEFLA) Adult Literacy
Program;
II. Purchasing of Materials and Services
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Approved Payment to Bracewell and Patterson for Professional Services;
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Approved Occupancy Renewal Contract for Industrial Fire Training;
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Approved Purchase of a Fire Arm Training System for the Law Enforcement
Training Center;
Approved Purchase of Interactive Mathematics Software for Southwest
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College;
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Approved Renewal of Agreement/Contracts Over $10,000 for the 1999-2000
School Year;
Approved Contract for Landscape and Ground Maintenance for Southwest
College/West Loop Center;
Approved Contract for Landscape and Ground Maintenance for Northeast
College/Codwell Hall and Roland Smith Truck Driving Center;
Approved Contract for Landscape and Ground Maintenance for Northwest
College/Northwest Campus;
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Approved Contract for Elevator Maintenance;
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Approved Contract for Pager Service;
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Approved Contract for Supplying Computer Stock Paper and Xerographic
Paper;
Approved Contract for Trash Disposal Service;
Approved Contract for Housekeeping Services, Southeast College/Coleman
Building;
Approved Contract for Housekeeping Services, Southwest College/Gulfton
Center;
Approved Contract for Housekeeping Services, Southwest College/Stafford
Campus and the Science and Technology Center;
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Approved Contract for Housekeeping Services, Northeast College/Pinemont
Center;
Approved Contract for Housekeeping Services, Northeast College/Technology
Center;
Approved Contract for Housekeeping Services, Northwest College/Town and
Country Square Center;
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Approved Annual Contract for Scientific Laboratory Supplies;
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Approved Contract for Photo Processing Services;
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Approved Purchase of Miscellaneous Medical Equipment/Coleman Building;
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Approved Contract for Providing Police/Security Uniforms;
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Approved One-Year Renewal of Contract with Lola Slater Insurance Services
as Insurance/Risk Management Consultant;
Approved Purchase of Training Books and Materials for Plumbing
Apprenticeship Program;
III. Fiscal Matters
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Approved Investment Report for the Month of August 1999;
Approved 1999-2000 Proposed Budget for Restricted Funds and
Enterprise Funds;
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Approved Proposed Pay Calendar for Fiscal Year 1999-2000;
Approved Resolution Amending Bank of America Authorized Signatory
Representatives;
Approved Renewal Agreement with University of Texas Health Science
Center at Houston for Employee Assistance Program;
Approved HCCS Employee Holiday Schedule;
IV. Other
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Approved Ratification for Acceptance of Gifts and Donations Received
to Date;
Approved Order of 1999 Trustees Elections;
APPROVAL OF CONSENT AGENDA ITEM
NO. B5 APPROVE PAYMENT TO FELDMAN & ROGERS FOR PROFESSIONAL
SERVICES
Motion No. 946 - Mr. Austin moved approval of consent agenda item No. 5. Mr. Murphy
seconded the motion. After discussion, motion carried 9-0.
Mr. Austin inquired if HCCS has a current litigation plan because the cost is increasing.
Dr. Burgos stated administration is certainly pursuing the hire of in-house counsel and
looking forward to prepare a litigation plan.
APPROVAL OF CONSENT AGENDA ITEM
NO. B6 APPROVE PROFESSIONAL SERVICES/PEOPLESOFT PROJECT
MANAGEMENT
Motion No. 947 &emdash; Mr. Austin moved approval of consent agenda item No 6. Mr.
Davila seconded the motion. After discussion, motion carried 9-0.
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Mr. Austin asked if the college had recouped $250,000 set aside some time ago by the
Board for the Robinson group on PeopleSoft implementation. Dr. Patricia Williamson, ViceChancellor for Institutional Development, explained the Robinson group was hired to
provide services before the Peoplesoft contract and had no relation to Peoplesoft.
APPROVAL OF CONSENT AGENDA ITEM
NO. B14 APPROVE AND RATIFY PURCHASE OF INTERIOR SIGNAGE FOR TOWN
AND COUNTRY SQUARE CENTER
Motion No. 948 &emdash; Mr. Austin moved approval of consent agenda item No. 14. Mr.
Henderson seconded the motion. After discussion, motion carried 9-0.
Mr. Austin asked the cost of the lease for Town & Country. Mr. Fenninger responded that
the full lease costs approximately $2 million a year, for a total of 112,000 square feet.
The lease entails an additional $900,000-$1 million in expense in comparison with the
cost of the earlier site, Westchester.
APPROVAL OF CONSENT AGENDA ITEM
NO. B25 APPROVE CONTRACT FOR HOUSEKEEPING SERVICES, SYSTEM
ADMINISTRATION/INFORMATION TECHNOLOGY BUILDING
Motion No. 949&emdash; Mr. Henderson moved approval of consent agenda item No 25.
Mr. Murphy seconded the motion. After discussion, motion carried 7-0-2. Mrs. Garcia and
Mr. Davila abstained.
Mr. Russell asked why the lowest bid was not accepted. Mr. Fenninger responded the low
bidder in this case was not recommended because of prior performance issues. The next
higher bidder was then selected.
APPROVAL OF CONSENT AGENDA ITEM
NO. B30 APPROVE ACQUISITION OF TELEVISION MOBILE PRODUCTION UNIT
FOR HCC-TV
Motion No. 950 &emdash; Mr. Fonteno moved approval of consent agenda item No. 30.
Mr. Russell seconded the motion. After discussion, motion carried 8-0-1. Mr. Russell
noted he has an affidavit on file and will abstain from this vote.
APPROVAL OF CONSENT AGENDA ITEMS
NO. C33 and NO. C34 APPROVE RENEWAL AGREEMENT WITH CYPRESSFAIRBANKS ISD FOR
FACILITIES AND APPROVE RENEWAL OF LEASE AGREEMENT WITH ALIEF
INDEPENDENT SCHOOL DISTRICT
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Motion No. 951 &emdash; Mr. Henderson moved approval of consent agenda item No.
33. Mr. Davila seconded the motion. After discussion, Mr. Henderson amended the
motion to couple item No. 33 and item No. 34. Mr. Murphy seconded the motion. Motion
carried 9-0.
Mr. Austin asked about the prospect of the college getting out of all leases. Dr. Burgos
stated HCCS cannot get out of all leases. For instance, the system, in serving the Cy-Fair
area, which is out-of-district, uses a public high school facility.
APPROVAL OF CONSENT AGENDA ITEM
NO. D36 APPROVE PROPOSED 1999-2000 BUDGET FOR CURRENT
UNRESTRICTED FUNDS
Motion No. 952 &emdash; Ms. Smith moved approval of consent agenda item No. 36. Mr.
Davila seconded the motion. After discussion, motion carried 6-2-1. Mrs. Garcia and Mr.
Davila voted against. Mr. Austin abstained.
Mr. Austin stated he had a problem voting for deficit budget. He stated he has never seen
the board support a deficit budget before. Mr. Fenninger responded that in reality in 1999
HCCS had a deficit budget, chiefly because a large portion of the $5.228 million that
comprised the IT capital budget was for development. These funds were kept outside of
the operating budget but really belong in the budget. Had this cost been included, it
would have shown a deficit budget this year of $7.4 million. He said that this year we will
be able to cover our costs, but there is no surplus for exigencies. Mr. Austin stated that
he was concerned about the unintended and unknown costs, such as litigation, which
have popped up in the past. He added there should be some margin for protection, and a
great portion of the deficit might be preventable because it appears to be discretionary.
For example, he said, there are 60 positions in the proposed budget where there may be
alternatives to explore instead of adding 60 new jobs. Mr. Fenninger stated that the chief
problem in our budget is on the revenue side. This failing is why the system has had to
tap into surpluses in prior years.
Mr. Austin asked what strategies are being employed to lower costs? Mr. Fenninger noted
proposed cost reductions, including, for instance, consolidation of contracts, which will
save approximately a quarter of a million dollars. He said, however, that the system
cannot cut costs by the $10-15 million necessary to eliminate the deficits. In order to
cover our shortfall, we must raise revenue. Mr. Henderson shared Mr. Austins concern
about deficit budgets and agreed that the board needs to break a disturbing trend. He
said that he has stressed for a long time a need for a long-range financial plan that deals
with capital needs, operating needs, and needs regarding a general obligation bond. He
said we cannot be looking at another $3-4 million increase in the deficit budget next year.
Mr. Austin stated he was concerned that administration has not presented plans and
recommendations that specifically target these fiscal needs. Dr. Burgos responded with a
list of strategies, including a tuition/fee increase, generating an enrollment increase,
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raising average class size, improving effective use of personnel, making more efficient
use of facilities, consolidating contracts, and using PeopleSoft for online registration. She
affirmed the administrations plan to bring back to the Board these cost saving proposals
in the near future. Mr. Russell stated that even though he did not want to vote for a
deficit budget, it was necessary at this time in order to move along the system in right
direction.
Mrs. Garcia referred to the budget workshop and spoke of the issues and
recommendations raised there by Board members that were to be addressed by the
administration. She said she had expectations to receive timely responses from the
administration. Mrs. Garcia stated that the administration was offering the same
recommendations for Board approval that were presented at the workshop, without
consideration for the Boards concerns and recommendations. She stated her expectation
for a more aggressive approach by the administration to cost saving and for it not to look
for the easy road through tuition and fees increases. Mrs. Garcia asked if
recommendations were submitted to Board Services by other board members and were
those questions answered within a 24-hour period. Mr. Oliver responded that it was an
option on the part of board members for questions to be submitted and handled by Board
Services. Mr. Oliver stated the administration could have been better prepared at this
meeting in its presentation of the proposed budget. However, he added that the
Chancellor had outlined some strategies planned by administration to meet the deficit,
and it now becomes the administrations responsibility to respond to the Board as soon as
possible with proposed cost-saving measures. Mr. Russell stated many solutions are
forthcoming if the annexation recommendation is passed. Mrs. Garcia also expressed her
concern that there be a collaborative effort between the chief financial officer and the five
college financial officers.
APPROVAL OF CONSENT AGENDA ITEM
NO. D40 APPROVE DECLARATION OF PROPERTIES OF HCCS AS SURPLUS
PROPERTY
Motion No. 953- Mr. Henderson moved approval of consent agenda item No. 40. Mr.
Murphy seconded the motion. After discussion, motion carried 9-0.
Mr. Austin asked if the system planned to get the highest yield out of these surplus
properties through use of a private firm with expertise in this area, or does the system
plan to handle the sales. Mr. Fenninger answered that the initial route will be to follow
the policy dictated for community colleges concerning advertisement and a public bid via
the sealed bid process.
APPROVAL OF CONSENT AGENDA ITEM
NO. E44 APPROVE ORDERS RELATING TO ANNEXATION OF KATY ISD, NORTH
FOREST
ISD AND FORT BEND TERRITORY IN MISSOURI CITY
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Motion No. 954- Mr. Henderson moved approval of consent agenda item No. 44. Mr.
Davila seconded the motion. Motion carried 6-3. Mr. Davila, Mrs. Garcia, and Mr. Austin
voted against.
Mr. Austin moved to amend the motion so that the annexation of the areas of North
Forest, Katy, and Missouri City into the current HCCS district would occur after the Year
2000 Census is completed and the official voter-tabulated district information has been
delivered to the HCCS jurisdiction by the census bureau. Mr. Davila seconded the motion.
Motion failed 3-6. Mr. Oliver, Mr. Fonteno, Mr. Murphy, Ms. Smith, Mr. Russell, and Mr.
Henderson voted against.
Mr. Russell spoke against the amended motion, saying that it is unfair to make the
citizens of these three areas wait until 2001 for an answer from this board when they
have already waited a considerable time. Mr Heath of Bickerstaff, Heath, Smiley et al also
noted that the updated information for the year 2000 will be available for the board when
it is ready to redistrict. Mr. Austin stated his position that the board needs more time to
study all figures before voting on annexation.
Mr. Oliver stated that the important issue here is to proceed with a vote, in light of the
various interested groups and citizenry of these proposed districts to be annexed who are
waiting for the next step in moving forward in their respective communities.
Mrs. Garcia asked a question concerning the impact of annexation on the budget. Mr.
Fenninger responded with a handout that analyzed the effect of annexation based upon
the current rate of 6.615 cents per $100 dollars of assessed valuation. On this basis,
there is a net cash flow from Katys annexation of about $6.4 million. Mrs. Garcia
expressed her concern that the board will be approving Katys annexation contingent
upon HCCS building a facility in Katys district.
NEW OR UNFINISHED BUSINESS
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Mrs. Garcia asked Mr. Michel about her previous request for a copy of HCCS policy
concerning guidelines for compliance with the Texas Information Act, an indication
if this policy has been updated, and for a statement as to who is custodian of
records for the system. She also inquired if HCCS has a process for compliance
with the guidelines for the Texas Public Information Act. Mrs. Garcia additionally
asked Mr. Michel to indicate if the request for e-mail transmission between board
members had been supplied to the requestor, if is it public information, and if this
response can be provided to board members.
Mr. Michel responded that the administration has several copies of the guidelines
for compliance with the Texas Information Act that provide the law and the step-bystep process for compliance by the administration. He indicated that these
guidelines are currently being revised. He reported that the request for all e-mail
among board members for a month period is being complied with. This material is
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available through the Chancellors Office. He said that record keeping for the
system is governed by the Record Retention Act, and Ms. Gwen Drumgoole is the
administrative custodian. Mrs. Garcia stated that the system may have violated the
Open Records Act.
CHANCELLORS REPORT
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Financial Activity-Joe Fenninger, Chief Financial Officer, presented the financial
activity report for the period ending July 31, 1999. He forecasted that there will be
a $9 million dollar surplus for FY 1999.
Mr. Fenninger reported on the status of new facilities openings -- the Coleman
Building, the Angela Morales Building, Codwell Hall, the Roland Smith Truck Driving
Center, Pinemont Center, and Town & Country Square. He noted that these
buildings are opening on schedule and within budget, and he applauded the
extraordinary efforts of the chief operations officers and other staff that made this
performance possible.
Introduction of New Administrators -- Dr. Burgos introduced three new HCCS
administrators&endash;Dr. Charles Cook, Vice Chancellor for Educational
Development; Dr. Olga Flores, Dean of Students, Central College; and Mr. Juan
Perez, Executive Director of International Initiatives.
Announcement of Special Grant-- HCCS has been designated by the government as
a Hispanic-serving institution for the first time in the colleges history. In connection
with this, we have received an especially large grant highlighted in the Houston
Chronicle, a Title V Grant in the amount of $2 million a year for the next five years.
The grant focuses on the goals of improving Hispanic and low-income student
academic success; retention and graduation rate through technology-assisted
services; and faculty development to infuse technology into the curriculum. A
series of activities will be implemented to accomplish these ends.
Katy Mills -- A new partnership has been forged between HCCS and the Katy Mills
Corporation, along with the Houston-Galveston Area Council and Gulf Coast
Careers. The Katy Mills Corporation, which is opening an extensive mall, has a
major project to find jobs for 3,000-5,000 people, focusing on welfare recipients.
HCCS Institute for Excellence has in place a program for welfare recipients. HCCS is
in negotiation with the state government, the Skills Development Fund, who have
almost promised to give $1 million for this initiative.
CHAIRMANS REPORT
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Mr. Oliver noted that there were no Ad Hoc Committee reports this month.
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Chancellor's Evaluation Committee-Mr. Murphy, Chairman, reported that the
committee met and discussed the Chancellor's Review. It requested a delay, which
was approved by the Chancellor. The review is planned to be completed by the
September Regular Board Meeting.
Mr. Oliver commended the Board Services Office, Ms. Roman and Ms. Dudley, for
their diligence and effectiveness in the performance of services to board members
and administration.
ADJOURNMENT TO CLOSED OR EXECUTIVE SESSION
Mr. Oliver adjourned the meeting to Executive Session at 6:23 p.m., notice having
previously been given, and reiterated by him in accordance with the Open Meetings Law.
He 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. Mr. Oliver
reconvened the meeting in Open session at 7:22 p.m. and entertained motions on
pending matters.
APPROVAL OF MINUTES FROM REGULAR MEETING OF JULY 22, 1999, AND
SPECIAL RETREAT MEETING OF JULY 16-17, 1999, AND REGULAR MEETING OF
JUNE 24, 1999
Motion No. 955
Mrs. Garcia moved to table the approval of the Minutes until such Minutes for June and
July are corrected and submitted to the board for approval. Ms. Smith seconded the
motion. Motion carried 9-0.
APPROVAL OF PERSONNEL AGENDA
Motion No. 956
Mr. Murphy moved approval of the Personnel Agenda. Mr. Henderson seconded the
motion. Motion carried 9-0.
APPROVAL OF SETTLEMENT IN CA# H-99-0490
Motion No. 957
Mr. Henderson moved approval of settlement in CA# H-99-0490. Mr. Russell seconded
the motion. Motion carried 9-0.
ESTABLISHMENT OF NEXT REGULAR MEETING
The next Regular Board Meeting will be held on Thursday, September 23, 1999, at 4:00 p.
m. It is scheduled to be held at the Administrative Center Boardroom, at 22 Waugh
Drive, Houston, Texas. Ms. Smith requested that the meeting take place at Codwell Hall,
and Dr. Burgos indicated that this possibility will be explored.
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ADJOURNMENT
With no further business to come before the Board, Mr. Oliver adjourned the Meeting at
7:22 p.m.
Minutes Prepared By:
Carolynne Dudley
Administrative Assistant
Board Services
Reviewed, Finalized and Submitted By:
James R. Murphy, Secretary
Minutes Approved as Submitted:
Board of Trustees Home
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