Minutes 02/22/2005

An executive session and regular meeting of the Maricopa County Community College District Governing Board was scheduled to be held at 5:30 p.m. at the District Support Services Center, 2411 West 14th Street, Tempe, Arizona, pursuant to A.R.S. §38-431.02, notice having been duly given.

PRESENT

GOVERNING BOARD

Don Campbell, President
Scott Crowley, Secretary
Ed Contreras, Member
Linda Rosenthal, Member
Jerry Walker, Member

ADMINISTRATION

Rufus Glasper
Steve Helfgot
Debra Thompson
Jose Leyba
Maria Harper-Marinick
Ron Bleed
Maggie McConnell for Pete Kushibab
Mary Kay Kickels
Ron Etter for Larry Christiansen
Ken Atwater
Art DeCabooter
Homero Lopez
Gene Giovannini
Anna Solley
Linda Thor
Jean Ann Abel for Phil Randolph
Maria Hesse

CALL TO ORDER

The regular meeting was called to order at 6:33 p.m.

EXECUTIVE SESSION

The executive session was called to order by President Campbell at 5:30 p.m.

PLEDGE OF ALLEGIANCE

The assembly pledged their allegiance to the United States of America led by Governing Board Member Scott Crowley.

The presence of the following classes was acknowledged:

Community College Class EDU 250 taught by Dr. Richard Malena
NAU Doctoral Class CC599-Contemporary Developments in the Community College taught by Dr. Linda Thor
HED533 Class taught by Kate Dillon Hogan

CITIZEN'S INTERIM

The following citizens came forward. These minutes reflect summarized/paraphrased comments of their full remarks:

Trevor Smith, Vice President, Associated Student Government: Mr. Smith came forward on behalf of the Associated Students' Government at Chandler-Gilbert Community College and stated that their organization had passed a resolution expressing their opposition to the proposed tuition increase. He commented that their organization was comprised of twelve clubs active on their campus and they had gathered almost 1,000 student signatures.

Matthew Parker, Scottsdale Community College: Mr. Parker commented that he was a former student, former employee, and ex-convict. He stated that he was addicted to drugs for over 24 years and had served time in prison numerous times. During this time period he took classes through Rio Salado College and in 2000 changed his lifestyle and became drug free. In 2002 he received a student loan and was also hired as a student worker. During this time period he also received numerous recognitions and awards for his writings, and also made the National Dean's list two times. He stated that he made the mistake of developing a friendship with another student at Scottsdale Community College and as a result of e-mails sent to her she filed a sexual harassment suit. He indicated that he takes freedom of speech too freely. He stated that he has an excellent academic and work record, however he was terminated from his job at SCC's MCTV and felt this was due to prison record although he was told that it was because he was no longer a student at SCC. He was unable to keep his appointment with Dean Blanton because his truck broke down and his subsequent phone calls to Dean Sharon Blanton have not been returned

Dr. Donna Levene, Ottawa University: Dr. Levene thanked the Governing Board for the partnership that her organization has enjoyed with the Maricopa Community Colleges. In 1994 they signed a memorandum of understanding with MCCCD and since then have conducted taught classes at Rio Salado College, South Mountain Community College, Estrella Mountain Community College, and Mesa Community College. All of these classes have been done in the spirt of making transfer from a two-year to a four-year institution a seamless process. They are now accepting 80 transfer credits and they appreciate the support from the Maricopa Community Colleges in helping to facilitate this.

Edward Celaya, Phoenix College MECHA, ALE, and Community Activist: Mr. Celaya indicated he was here this evening to address Mrs. Rosenthal who has been a board member for twenty-five years and that it was time for her to leave. He stated that most board members answer to her and they should listen to students. He described the confusion from the last meeting when Robert's Rules of Order are not followed and a motion involving Dr. Gardea's grievance was not seconded, a vote was taken and the motion carried, therefore Dr. Gardea's grievance was not heard. The ALE Group met later with Mr. Walker and he told them that he did not know both sides of the issue however went along with Mrs. Rosenthal. Mr. Celaya concluded by once again asking that Mrs. Rosenthal resign from the Board and leave their campus.

Dr. Campbell interjected comments at this point and asked Mr. Celaya and other speakers to refrain from criticisms of board members. Members of the Maricopa Community College District were unpaid members and worked tirelessly to make this the best community college system possible and asked that people coming forward state their point but to not come forward with criticisms.

Arafath Garcia, Phoenix College A.L.E.: Mr. Garcia commented that he was present this evening because students wanted to know when the policies of our school systems had changed that permitted the teaching of hate and racism throughout the academic environment whether it be from kindergarten through the university level. We are a country that states that all men are created equal, just as our founding fathers stated. People are to be judged by their character and not by the color of their skin. We are a country full of diversity and we know that God never made a special human being. This evening he wanted to call attention to a deep psychological wound that had been inflicted by a math teacher at Glendale Community College. Mr. Kehowski used an aggressive form of humiliation to inflict a deep psychological wound on the Hispanic community. For no apparent reason, Mr. Kehowski decided to attack the diversity that America stands for. Mr. Kehowski was at one time a role model in our community until he decided to use an ignorant point of view that deals with inferiority of cultures that do not meet his standards. When Mr. Kehowski spoke about his superiority over the Internet, he based his views solely on his inference and chose to discredit all other races that were not the same as his. This man who should be a role model for our society as a math teacher chose to lash out with statements of hate and brutality towards all Hispanics. How does the Board of Education keep quiet about this incident and why have they not taken disciplinary action against Mr. Kehowski? Why is it taking an outside court hearing to take care of matters with Mr. Kehowski? The Board is responsible for hiring teachers who conduct themselves in an appropriate manner regardless of their personal beliefs. If the Board has taken steps of expulsion or probation towards Mr. Kehowski, then it too has become an accomplice in Mr. Kehoski's actions and therefore bears responsibility for the harm inflicted upon students. The Board is responsible for the safety of all students from peers, students and faculty. It does not matter if a teacher holds on to tenure. That does not excuse any teacher to allow harm towards students. There is no justification towards Mr. Kehowski's comments and it is time that the Board executes its power to eliminate racism in our classrooms. That the Board not allow any student to be harmed physically or emotionally or psychologically by any person that would instruct or teach on our campuses.

Antonio Rodriguez, Phoenix College A.L.E.: Mr. Rodriguez stated that he had been raised in South Phoenix and was very familiar with discrimination. He had been involved with gangs and drugs in the past, however, had left that way of life behind for a promising future and that is why he is was enrolled at Phoenix College. Next year he will graduate with an associates degree in paralegal studies. School was the last place he thought he would see neglect and where politics were stronger than the academics, the Governing Board more important than the students. As of December 15, this was the message sent by the Maricopa Governing Board. His parents grew up in the 60's so they know about activism. They know about women's rights and they know about racism and they hoped he would never have to experience it but he experienced it in the barrio and he thought he would escape it here at Phoenix College but he was wrong. The Governing Board has allowed him to experience what it would have been like living in the 60's. He commented that he showed no disrespect to Mrs. Rosenthal, but wanted to let her know that times had changed and we were no longer living in the 60's. If we recognized that maybe Dr. Gardea would still be here as President. There has been a tradition with the Mexican culture, when you knock us down we will get up swinging, if you beat us in a race, we will race again, if you take away our rights, we will make noise for a while but then we will shut up but that is a tradition that is going to change. For the past two months he has given his heart and his soul for his race and his school. He stated that they were not going to go away. The Governing Board will hear them again until their requirements are met. The Governing Board told them that Dr. Gardea had been dismissed for overspending and performance that wasn't up to par. On the week of February 4, 2004, Mr. Walker met with members of ALE and MECHA and he explained that she was fired for fraud and theft. It's obvious we keep being lied to? How can a member of the Governing Board who has been here less than a month make such accusations? Mr. Rodriguez questioned if Mr. Walker had been told to say this. The Governing Board is here to serve the students but that is not what is happening. Governing Board Members need to be accountable for their actions and they are being watched. He cautioned to think twice before they let go of another Hispanic community leader. He questioned Mrs. Rosenthal's office at Phoenix College and why the Governing Board had not taken action against Mr. Kehowski at Phoenix College.

Faith A. Weese, Grand Canyon University: Ms. Weese came forward to thank the Maricopa Community Colleges for the support and collaborative education that they have shown the entire community. Together, they are making a difference one day at a time. She stated that Grand Canyon was also excited about the collaborative efforts they are making by providing greater access through reduced tuition and increase in the number of credit hours that will be accepted in order to help students graduate sooner.

Daniel Nunez, Phoenix College Student & President of Phoenix College MECHA: Mr. Nunez was present to voice students' concerns regarding the recent dismissal of Dr. Gardea. He stated that ramifications would be far-reaching and the marketability of Phoenix College would suffer due to the lack of diversity and progress on projects that had been started by Dr. Gardea such as the student newspaper, journalism multi-media project and the ACE program. People were present again this evening because they feel they have not been heard since actions have proven otherwise. He stated that these recent actions showed a lack of respect for the Hispanic community and the student body as a whole. There is a mismanagement of financial and human resources, and a lack of dissemination of information to taxpayers. There is no respect for the Latino Advisory Committee that was formed. There is no student government at Phoenix College or focus group and there hasn't been one for at least seven years. Change is already in effect and things that were said wouldn't happen are already happening. Dr. Gardea was active on the campus and she would greet students and I don't see Dr. Solley greet anybody as you walk from your car. I appreciate Scott Crowley's words at the last meeting but I don't think they are very sincere when after the meeting you weren't receptive to anybody's input and you made a beeline to the door. Mr. Walker seems to have the same attitude and seem uninterested in what anybody has to say. You came to our meetings at Phoenix College but you spoke over the students. You had come into that meeting with preconceived notions. He cautioned that the Governing Board need to adhere to the Vision, Mission, and Values, especially as they affect students. He asked that ways be sought to get students involved, otherwise they will be just empty words at this point.

Esther Duran Lumm, Arizona Hispanic Community Forum: Ms. Lumm came forward to state that points brought forward by the Arizona Hispanic Community Forum's founder Rosie Lopez regarding students and employees have not changed. In response to remarks made by Dr. Campbell to Amalia Villegas after the last meeting that in his days he went to school with few or no blacks and you did just fine, perhaps he was blessed with good role models. If his comments indicate that role models of same color do not matter, they vehemently disagree. A multitude of studies indicated that students perform better when they see people like them that they can emulate and gives them the confidence to perform and accomplish their dreams. The Arizona Hispanic Forum once against issues a vote of no confidence against Board Member Linda Rosenthal who continues to use a room at Phoenix College. This continuous micromanagement proves that she has complete disregard for the public, district employees and students and because of this she has shown that puts power above principle. The Hispanic Forum asks for her resignation and urges the MCCCD Board to restore Dr. Corina Gardea to a position and status she once enjoyed.

Stella Pope Duarte, Arizona Hispanic Community Forum: Ms. Duarte stated that as a longtime taxpayer who has worked hard all her life and is committed to education and to the community college district. She is proud to be a role model of the community college. She remarked that nothing has been explained about Dr. Gardea's dismissal and when a college president is dismissed this is a big deal and concerned about the lack of answers. Dr. Gardea's career has been wrecked and Ms. Duarte cannot understand this. She questions how Dr. Gardea can rise above this dismissal and Dr. Gardea deserves better and they will fight for this.

Fernando Cornejo, Hispanic Education Coalition: Mr. Cornejo indicated that there is a letter that will be received in the mail. Things are on the cusp of change and they will not give up. Members are recruiting more people to come forward and this is going to be on a much broader level. He stated that he has an opportunity to be speaking to about 600 K-12 board member on issues that plague Arizona. He urged Mrs. Rosenthal to give up her office at Phoenix College to cease and desist micromanaging at Phoenix College. He called upon Dr. Campbell to provide quality leadership and correct issues of racism, micromanagement, and lack of Hispanic leadership that exist.

Irene Chavez, Hispanic Education Coalition: Ms. Chavez commented that the Hispanic Education Coalition will no longer tolerate the arrogance and indifference. As taxpayers, they have the right to challenge and question the district and above all to be heard. They requested that Dr. Gardea be treated with professional courtesy decency and respect. It has come to their attention that she is being labeled a liar and thief and this does not sit well with the Coalition. The character assassination against her needs to cease and that the actions recommended by the Chancellor be rescinded. The Maricopa is being seen as serving only certain segments of the community. Their coalition will continue to remain active until changes are made to this.

Clorinda Lozano, Citizen: Ms. Lozano apologized to visitors from out of state. She stated that she was here last month and read a letter. She congratulated Dr. Solley for coming into this environment and now being exposed to other side of the story. She is willing to work with Dr. Solley. She is here tonight to find out when the award they requested back can be picked up.

Michael Nunez, Phoenix College MECHA Vice President and ALE member: Mr. Nunez remarked that Dr. Campbell had stated that the votes on Proposition 401 had indicated a vote of confidence in the Maricopa Community Colleges by the community. As a member of this community, he wanted to state that the Board has been found wanting. Passage of the bond was encouraged as a means to not increase tuition, however, tuition increases are being initiated again for the eighth time. When Mr. Walker attended meetings with MECHA and ALE, he made the comment that "the buck stops here" and that Dr. Gardea needed to take responsibility for her actions regarding an account that was mismanaged that she did not have access to. Board should take responsibility for its own actions and consequences for those actions. Hostility will continue if change does not take place. Not surprised with indifference by Board. Have been told that they need to go through series of hoops in order to be heard. He expressed a desire Board abide by its acopted Mission Statement.

Lucinda Jahn, Student: Ms. Jahn came forward to voice disfavor with tuition increases being proposed. Now that the bond has been passed and how we pay for it through tuition increases. Student youth and passions lead to decisions such as this. Need to seriously talk to students about debt. Saddled with huge debt. Incumbent on experienced students to explain consequences. PEL grants and student loans not going very far. Two representatives on internal committees are not sufficient. There is a need to know how to start the dialogue on managing resources in a way that keeps tuition reasonable and serves students.

Stella Favela, Hispanic Education Coalition & Arizona Hispanic Community Forum: Ms. Favela voiced three concerns:

1. Overall culture of the district. Few Governing Board Members and Administrators are not aware of relevant culture and have relevant within the district. High school districts don't get it either. Kids are dropping out and students are being blamed. This is now coming to the Maricopa Community College District and the Latino community is becoming the biggest client. Governing Board and Chancellor need to be accountable and provide a culture that fosters success.
2. MCCCD continues to do business as usual and seems to believe that they have no need to change and foster a culture of success. This became obvious when Dr. Gardea was dismissed as President of Phoenix College. Mrs. Rosenthal demonstrated how unfit she is to serve as a board member because she is unaware of what it takes to serves students. The Hispanic Coalition is still asking for the resignation of Mrs. Rosenthal.
3. President Campbell's remarks at last meeting and how he attended Phoenix College and there were no minority faculty on staff. She shutters to think of his leadership decisions based on this lack of consideration.
   

BOARD MEMBER REPORTS

Mr. Contreras commented that during the past six months he has had many conversations and there are still many individuals coming forward. There is a need to listen to what people are saying and try to reach agreement. To continue to have this occur in board meetings is not productive. In some cases you reap what you sow or if you do not follow through with what citizens have to say, then we are liable for comments made against us. The District needs to try to provide information and correct this matter. We need to do some repair work and attempt to unify and not break up citizenship. We all need to be respective of this situation.

Mrs. Rosenthal commented that at the January 25 board meeting and again this evening many individuals have come forward and alleged discrimination again Latinos. She continues to be a direct target of this and tonight she wanted to make comments to set the record straight. Since the beginning of her board service she has had an office at Phoenix College and has always announced her availability during an academic year. That would amount to approximately 100 hours during that time period and she estimated that during those hours about ten-to-twelve people would drop in to invite her to an event or to share a program. Even one Phoenix College President and one Chancellor visited me in that office. Even one member of the public came to see her. To allege that because she has an office on campus she micromanages the college and interferes with the president is patently false. She parks her car and returns there when she is finished for the day. She never attends a meeting unless she is invited. She fails to understand how coming to an office to read educational materials, e-mails or read the newspaper, interferes with the college. She believes that as an elected official, she has an obligation to spend time to receive individuals from the internal and external community. Whether I do this in the student lounge such as I do at Paradise Valley Community College or do this in a small office at Phoenix College, she believes she accomplishing her responsibility.

Dr. Campbell remarked that what has been experienced at the past couple of meetings is similar to what was experienced in 60's during a time of war on poverty and civil rights. It is his desire to continue to work together and solve problems as we are all human beings trying to have a better life for self, children, and families. We must do this by working with each other. We cannot separate ourselves. Society evolves trying to make the best decisions it can under the circumstances given all the information available and that is what Board is trying to do.

Mr. Walker indicated that he made a couple of attempts to visit with people at Phoenix College and probably should not have done that but he did. He is interested in the future of individuals and not in the group dynamics of any kind, nor will he ever be. Has made it clear on more than one occasion that group dynamics will detract from the purpose of education. Group dynamics are something that you demonstrate at the polls or a public forum set up for that purpose. This Board as I understand it is set up to ensure that they are provided the information and education to become productive citizens and to find employment which is our purpose in the community. We want to help individuals meet the needs and skills of community and he stands ready to help them do this. He did want to define, however, that the more you oppose what this Board is trying to do, the more resistance you will receive from this Board.

CHANCELLOR'S REPORT

There was no report.

SECRETARY'S REPORT

There was no report.

FACULTY REPORT

Faculty Executive Council President Elect Jamie Moore introduced SCC Senate Faculty President- Elect Jim Simpson who provided an overview of accomplishments and highlights of their faculty group. These included the awarding of a $17 million NSF grant to SCC's math faculty in partnership with ASU and high schools, a $150,000 award from the Arizona Department of Education to the Math Department at SCC to provide professional development experiences to elementary teachers in the Scottsdale School District, a geography learning grant for a GPS microenvironment, micro-climate study, and a math learning grant for SCC's mathematics faculty community. Faculty noted for various accomplishments were Dr. Doug Sawyer (Chemistry), Steve Mutz (Astronomy), Dr. Steve Borick (Chemistry), the Social and Behavioral Sciences Division, Dr. Bonnie Gray (Psychology), Dr. Dritan Zela (Math), Dr. Jeffry Ricker (Psychology), Dr. John Shaffer (Geography), Dr. Gary Lemons (Sociology), Dr. Mark Klobas, Dr. Bobbie Sferra, Manny Pino, and Marshall Trimble. Other accomplishments were noted and they can be found on the enclosed powerpoint handout.

EMPLOYEE GROUP REPORTS

Conrad Mills, Director of the Crafts Apprenticeship Program, recognized two employees who completed their four-year program and two who have been accepted to go through the program. Employees who completed the program were Robert Kelso, Journeyman Carpenter, and Richard Gonzales, HVAC Maintenance Technician. The two employees starting their apprenticeships were David Killian and Thomas Ramey.

Lynette Jim came forward representing the United Tribal Employee Council. She expressed appreciation for the donation to the National Indian Education Association. Ms. Jim also invited everyone to attend the Annual Native American Convocation scheduled to be held May 7, 2005 at 10:30 a.m. at South Mountain Community College. She also expressed concern regarding the recent name change from Native American to American Indian Program on employee job descriptions. She also expressed concern regarding the loss of a number of Native American employees. She expressed that she would like to see an outside consultant hired to investigate why the hiring of Native Americans has been stagnant and why they are losing employees. She also stated that many employees are unable to attend United Tribal Employee Council meetings due to time constraints and requested that Dr. Glasper authorize release time for employees to be able to do so.

COLLEGE REPORTS

Joyce Jackson, Dean at Estrella Mountain Community College, came forward to announce that their Sixth Annual New Car Raffle had officially started and encouraged everyone to participate by purchasing a ticket. This program, which began in 1999, operates in cooperation with the Estrella Rotary Club and the West Valley Auto Alliance. To date, $80,000 has been raised for student scholarships.

CGCC President Maria Hesse announced the formation of a new program called "Creating Educational Opportunities." The program is being sponsored by the Chandler Chamber of Commerce and has recruited 20 senior business and industry leaders to personally mentor high school, college and university students. Eight students from Chandler-Gilbert Community College have been selected to participate. The course is being underwritten by the Chandler Chamber Foundation.

Vice Chancellor Maria Harper-Marinick called attention to Transfer Awareness Week being sponsored by the University College Relations Division. Packets were provided which outlined activity information for the week. She acknowledged Kate Dillon-Hogan, District Director of Transfer and Articulation, and the person responsible for this Transfer Awareness Week Program.

STUDENT LIFE REPORT

There were no reports.

STRATEGIC CONVERSATION FOLLOW-UP REPORT

There was no report.

ACCA/AADGB REPORT

There was no report.

LEGISLATIVE REPORT

Government Relations Director Matt Ortega provided an overview of a legislative proposal being considered by the State House of Representatives. These included an S/E amendment to HB2079 to be discussed in the House Appropriations Committee on March 2. These provisions are detailed on the report included in this meeting's packet.

AWARDS AND RECOGNITIONS

There were no awards or recognitions.

APPROVAL OF THE AGENDA

President Campbell requested a motion to approve the agenda.

MOTION NO. 9294

Mrs. Rosenthal moved that the Governing Board agenda be approved. Motion carried 5-0.

CONSIDERATION OF CONSENT AGENDA

President Campbell asked for any requests to remove items from the Consent Agenda. The following items are included in the Consent Agenda:

(A-1) APPROVAL OF MINUTES of the January 11, 2005 Special Governing Board Meeting, January 19, 2005 Special Governing Board Meeting, and January 25, 2005 Regular Governing Board Meeting.

(B-1) APPROVAL OF RECOMMENDED EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS - Approve the recommended employments, resignations, retirements, and terminations as presented with addendum.

(B-2) APPROVAL OF SETTLEMENT IN CONTRACT DISPUTE OVER TRIBAL ADVOCACY PROGRAM - Approve foregoing receipt of $10,474.00 from the Navajo Nation as consideration for settlement of a contemplated lawsuit arising out of a tribal advocacy program at Phoenix College.

(B-3) APPROVAL OF REVISIONS TO THE PROFESSIONAL STAFF ASSOCIATION POLICY MANUAL - Approve the proposed revisions to the Professional Staff Association Policy Manual.

(C-1) APPROVAL OF PROPOSED CURRICULUM AND PROGRAMS - Approve the curriculum proposals as submitted.

(C-2) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND YAVAPAI COLLEGE - Approve an Intergovernmental Agreement between Mesa Community College (Cisco Academy Training Center) and Yavapai College. This agreement is for training and support services for the SC* curriculum to be provided to Yavapai College as a Cisco Local Academy for an annual participation fee of $500.00.

(C-3) APPROVAL OF ARIZONA SMALL BUSINESS DEVELOPMENT CENTER NETWORK - Approve acceptance of a negotiated contract in the amount of $3,289,417.00 between the U.S. Small Business Administration and the Maricopa Community Colleges.

(C-4) APPROVAL OF PROPOSED GIFTED EDUCATION POLICY FOR GATEWAY EARLY COLLEGE HIGH SCHOOL - Approve the proposed Gifted Education policies for GateWay Early College High School.

(C-5) APPROVAL OF GATEWAY EARLY COLLEGE HIGH SCHOOL CHARTER AMENDMENTS - Approve proposed amendments to the original GateWay Early College High School Charter.

(C-6) APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND MESA PUBLIC SCHOOLS - Approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Mesa Public Schools on behalf of Dobson, Mesa, Mountain View, Red Mountain, and Westwood High Schools for the SC curriculum for an annual participation fee of $2,750.00.

(C-7) APPROVAL OF INTERGOVERNMENTAL AGREEMENT IGA - PHOENIX UNION HIGH SCHOOL DISTRICT NO. 210 - Accept the Intergovernmental Agreement between MCCCD and Phoenix Union High School District No. 210.

(C-8) APPROVAL OF ACDELCO CONTRACT AGREEMENT AND GLENDALE COMMUNITY COLLEGE - Approve a one-year extension of the contract agreement in the amount of $15,960 to provide technical training for distributors of ACDelco products and independent automotive technicians throughout the western part of the United States. The contract period will be from March 1, 2005 through February 28, 2006.

(D-1) APPROVAL OF CITY OF MESA LEASE EXTENSION FOR MESA COMMUNITY COLLEGE - Approve the lease extension for the fourth floor of 145 North Centennial Way, Mesa, Arizona for the period of January 1, 2005 through June 30, 2005.

(E-1) APPROVAL OF CONTRACT AWARD TO ARIZONA LAND ADVISORS FOR REAL ESTATE BROKERAGE SERVICES FOR RAW LAND PURCHASES - Approve a contract with Arizona Land Advisors to advise the District regarding and act on behalf of the District for the purchase of raw land.

(E-2) APPROVAL OF CONTRACT AWARD TO CB RICHARD ELLIS FOR COMMERCIAL REAL ESTATE BROKERAGE SERVICES - Approve a contract with the firm of CB Richard Ellis to advise the District regarding and act on behalf of the District for the purchase and lease of real estate.

MOTION NO. 9295

Mr. Crowley moved for approval of the Consent Agenda. Motion approved 5-0.

(B-4) APPROVAL OF CONSIDERATION AND DECISION REGARDING EMPLOYMENT OF DR. CORINA GARDEA - Accept the resignation of Dr. Corina Gardea as President of Phoenix College effective June 30, 2005, contingent upon both the District's and Dr. Gardea's compliance with obligations under an agreement between them; and that the Board authorize payment of Dr. Gardea's attorneys fees in the amount of $20,000.

MOTION NO. 9296

Mr. Walker moved for approval to accept the resignation of Dr. Corina Gardea as President of Phoenix College effective June 30, 2005, contingent upon both the District's and Dr. Gardea's compliance with obligations under an agreement between them; and that the Board authorize payment of Dr. Gardea's attorneys fees in the amount of $20,000. Motion approved 5-0.

(E-3) APPROVAL OF ISSUANCE AND SALE OF $190,270,000 GENERAL OBLIGATION BONDS, PROJECT OF 2004 SERIES A (2005) AND APPROVAL OF RELATED DOCUMENTS - Approve a resolution providing for the issuance and sale of General Obligation Bonds in the amount of $190,270,000 providing for the annual levy of taxes for payment of the bonds, providing certain terms, covenants and conditions regarding the issuance of the bonds, accepting a proposal for the purchase of the bonds, and appointing a registrar, transfer, and payment agent for the bonds.

MOTION NO. 9297

Mrs. Rosenthal moved for approval of a resolution providing for the issuance and sale of General Obligation Bonds in the amount of $190,270,000 providing for the annual levy of taxes for payment of the bonds, providing certain terms, covenants and conditions regarding the issuance of the bonds, accepting a proposal for the purchase of the bonds, and appointing a registrar, transfer, and payment agent for the bonds. Motion approved 5-0.

INFORMATIONAL ITEMS

(VI.1.) Proposed Tuition & Fees for FY 2005-06 Budget

Based on review of potential resources and budget needs, recommendations on budget priorities and tuition and fees have been developed through the District's budget development process. Proposed Fiscal Year 2005-2006 Tuition and Fees schedule were submitted for Governing Board review. The schedule will be submitted for Governing Board action on March 22, 2005.

• County Resident Tuition & Fees:
  • $5.00 (9.09%) increase to tuition rate per credit hour
  • The annual cost to full-time students taking 30 credit hours per year will be $1,800.00, an increase of $150.00
  • The proposed tuition & fee rate would rise to $60.00 per credit hour ($58.50 in tuition including $11.00 moved from the Student Activity Fee, and a $1.50 Student Activity Fee).
  • Increase Out-of-State Surcharge by 20% (from $165 to $198)
  • The annual estimated revenue impact is $12,947,500
    

MONITORING REPORTS

(VII.A.) Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Seven Months Ended January 31, 2005

Expenditure analysis indicates 49.4% of the budget has been expended so far this year as compared to 49.8% expended at this same point in time last year. 24.5% of the budget remains unexpended or unencumbered compared to 23.3% in the prior year. Revenue analysis indicates that 66.2% of the budget has been recognized to date. Projected fund balance will increase by about $136 thousand during this fiscal year. 6% of budgeted expenditures are projected to be unexpended and projected ending fund balance for June 2005 is $70.7 million and equates to about 43 days of operating budget, or more than five payrolls.

(VII.B.) Revenue Bond Projects
Receipts and Disbursements Analysis
As of December 31, 2004

As of December 31, 2004, 100% of bond proceeds have been expended for the Chandler-Gilbert PAC and South Mountain PAC. The expenditures and encumbrances (commitments) for the Paradise Valley PAC have been about $7.8 million, representing 11% of the total project funds remaining. Total expenditures and encumbrances (commitments) for the SIS project approximately $8.6 million, representing 17% of the project funds remaining. Note that in addition to Revenue Bonds proceeds, PACs and the SIS projects may be funded by General Obligation Bonds, student fees, interest earnings, or college capital funds. Bond proceeds are invested until expended. As of December 31, 2004, approximately $1,260,000 in interest has been received on invested proceeds.

(VII.C.) 1994 General Obligation Bonds
Series A (1995), Series B (1997), Series C (1999), and
Series D (2001) and GO Bond Refunding Series (2002 & 2004)
Receipts and Disbursements Analysis and Capital Development Plan Summary As of December 31, 2004

As of December 31, 2004, about $377.8 million of bond proceeds have been expended representing about 98% of total proceeds available from the bond authorization and capital development plan. Bond Proceeds are invested until expended. As of December 31, 2004, just less $36.1 million in net interest has been received on invested proceeds. Of this $36.1 million, $9 million has been authorized for Life Without the Bond. As of December 31, 2004, approximately $3 million of this Life Without the Bond allocation has been spent leaving under $6 million remaining. Of the remaining $27 million, approximately $21.7 million has been spent leaving an available balance of $5.3 million. The $21.7 figure consists of $.7 million for bond election and issue costs, $10.6 million for debt service, $5.1 million for land purchases, $1.1 million for additional parking, $.6 million for Chandler-Gilbert New Construction Building, and $3.6 million for related arbitrage payments and accruals. Remaining earnings are invested and will be used for future debt service or capital projects such as Life Without the Bond.

NEXT BOARD MEETING

The next Governing Board Meeting will be a Regular Board Meeting on March 22 at 6:30 p.m. at the District Office.

ADJOURNMENT

The meeting adjourned at 8:50 p.m.

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Scott Crowley
Governing Board Secretary