Minutes 03/25/2008

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
MARCH 25, 2008
MINUTES

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
Colleen Clark, Secretary
Scott Crowley, Member
Linda Rosenthal, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Darrel Huish
Steve Helfgot
Albert Crusoe
Anna Solley
Pete Kushibab
Mary Kay Kickels
Bernie Ronan
Ken Atwater
Ginny Stahl for Art DeCabooter
Ernie Lara
Sylvia Manlove Gene Giovannini
Linda Thor
Velvie Green
Maria Hesse

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.

CITIZEN'S INTERIM
No citizens came forward.

CLASSES PRESENT
The NAU CC580 class taught by Dr. Ginny Stahl was in attendance.

BOARD MEMBER REPORTS
Board Member Jerry Walker commented that at the last board meeting a community college professor from Chandler-Gilbert Community College had made negative comments regarding him. He refuted the comments made by him in the newspaper as not being accurate and cautioned people not to jump to conclusions before making comments. He further stated that he did not expect that kind of behavior from people with a Ph.D. and that they should do some research before they take the word from other people.

CHANCELLOR'S REPORT
Chancellor Glasper requested that Glendale Community College President Dr. Velvie Green acknowledge the two emeritus distinction recommendations that were part of the agenda this evening, one for Lyle Walcott and another for Robert Hubbard.
Chancellor Glasper also acknowledged the first time attendance of Mesa Community College President Dr. Shouan Pan at a Governing Board Meeting.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Reyes Medrano announced this was to be his last meeting as President of the Council and future meetings would be addressed by his successor, Dr. Barry Vaughan. As a final statement, he indicated he wanted to register his dissatisfaction regarding the Jury Duty Policy Action Item in that faculty were affected in a different manner by this new requirement. He stated that faculty had to make arrangements for substitutes in advance of their jury duty attendance and when they find out the night before that do not have to attend after all, they have nothing to submit. He requested that additional consideration be given to this matter. He expressed appreciation to the Board and members of CEC for their consideration during his tenure.

EMPLOYEE GROUP REPORTS
There were no reports.

VICE CHANCELLOR REPORTS
Resource Development and Community Affairs Vice Chancellor Dr. Steve Helfgot introduced Maricopa Community Foundation Board Member Gregg Ostro, founder and CEO of GO Media Company, who recapped the results of a recent fund-raising luncheon held in honor of Ron Bergamo on March 14 at the U.S. Airways center Pavilion. Mr. Bergamo was station manager and vice president of AZTV and it was the intent of the fund-raising event to have people contribute to a fund established through the Maricopa Community College Foundation to keep alive the positive legacy of this highly respected Arizona television executive. More than $150,000 was raised and the net contribution has been over $135,000.

COLLEGE REPORTS
There were no reports..

STUDENT LIFE REPORTS
Students from the EMC Leadership Group were present to provide a report on their year-to-date activities. In attendance were Cecily Davis, Shawn Collins, and John Shubel. Among the activities reported on were several student forums that allowed for students to express their opinions, concerns and other issues, a desire for future athletic programs on their campus, a Performing Arts Center, a bigger computer room, and more parking spaces. A topic of recent conversation was the need for a mascot for EMC and under consideration were a lion or earthworm. Other events included a fundraising effort for Darfur relief which netted $5,000, as a Fine Arts Festival, Domestic Violence Awareness Events, Black History Month events, and the upcoming Spring Fling. They reported that their food drive had enable them to provided food for over 325 families.

SYSTEMIC DIALOGUE FOLLOW-UP REPORT
Vice Chancellor Al Crusoe and General Counsel Pete Kushibab provided a summary report on the Systemic Dialogue held March 11 on the topic of Legal Challenges at MCCCD – Dispelling The Myths.

ACCA/AADGB REPORT
Mrs. Rosenthal reported that meetings had been held on March 6. A brief teleconference call was held and the State Chair provided a report on the National Legislative Summit in Washington D.C. Legislative issues were discussed briefly and ACCA Director Kathy Boyle spoke about her visits to several community colleges around the state.

LEGISLATIVE REPORT
Page Gonzales provided the following legislative report:

“Day 72 of session.

Over 1500 bills and resolutions have been filed this year.
At this point, deadlines have passed for bills to receive policy hearings in their chamber of origin. This week is the week that the House and Senate are rushing to have final floor votes and transmit bills across the aisle.
With these deadlines and numerous bills falling off the cliff…at this point there are about 40 of those still left in the process that we are closely monitoring and working because they have direct or indirect impact on Maricopa.

I will cover a few of those with you tonight:

SB 1214 allows a person with a valid CCW permit to possess a concealed firearm on the grounds of a community college or university. This bill is likely going to the floor for debate this week. Thank you to the Presidents and Ernie Bakin for cosigning letters to Senators detailing concerns about this bill and the effects this could have on the learning environment.

The Chairwoman of the House Higher education committee has been informed of the concerns community colleges have with the current language of the State Board bill including the affects the bill would have on district budgets and operations as well as the accreditation of our institutions. She is working to address those concerns through the amendment process.

The textbook information bill requires textbook publishers to provide certain written information to faculty members when course materials are considered including price. The bill also now requires that higher education institutions establish in policy that the specific information be requested from the publishers when course materials are being chosen.

The bill containing the large educational reform that allows JTEDs to serve adult students during the daytime hours is headed for a floor debate and vote this week.

Finally, on the budget front for the 08/09 deficit, the number is reaching nearly $3 billion. The discussions with leadership and the governor now have combined the two years because the decisions they make for 08 will have an effect on 09. An admission has been made now that the solution must include some sort of bonding for K-12 construction.

Many rank-and-file members are becoming increasingly frustrated that any progress on the budget is slow and secretive. On the other hand, leadership is asking that the finger-pointing and parochialism stop because hard decisions are going to have to be made for the good of Arizona."

APPROVAL OF THE AGENDA
President Campbelll requested a motion to approve the agenda.

MOTION NO. 9471
Linda Rosenthal moved that the Governing Board agenda be approved. Motion approved 5-0.

President Campbell requested a motion to approve the Consent Agenda.

The following items were included on the Consent Agenda:

A.1. APPROVAL OF MINUTES – Approve the minutes of the February 26, 2008 Regular Governing Board Meeting

B.1. APPROVAL OF FACULTY EMERITUS DISTINCTION – GLENDALE COMMUNITY COLLEGE – LYLE WALCOTT – award Emeritus Distinction to Lyle Walcott, Residential Faculty at Glendale Community College. He has served for 42 years at GCC as a dedicated Philosophy professor imparting his love of learning to students.

B.2. APPROVAL OF FACULTY EMERITUS DISTINCTION – GLENDALE COMMUNITY COLLEGE – ROBERTT HUBBARD – award Emeritus Distinction to Robert Hubbard, Residential Faculty at Glendale Community College. He has served for 42 years at GCC as a dedicated Philosophy professor imparting his love of learning to students. Professor Hubbard served 25 years as chair of the Department of Philosophy and Religious Studies, twice as the GCC Faculty Senate President, and once as the District Faculty Association President. He served six additional years as GCC senator and sponsored the Students for Progress and Black Student Union organizations. Moreover, he was a Mecha advisor, the district chair of the PAC, and served on numerous other GCC and district committees and assignments.

C.1. CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS – Approve the proposed employments, resignations, retirements and terminations as submitted with noted addendum.

D.1. APPROVAL OF CURRICULUM PROGRAMS AND COURSES - approve the curriculum programs and courses as submitted

D.2. APPROVAL OF AGREEMENTS FOR DUAL ENROLLMENT WITH CHARTER AND PRIVATE SCHOOLS – authorize entry into agreements on behalf of its colleges with the private and charter schools listed below for their dual enrollment programs.

Charter Schools Private Schools
Arizona Agribusiness and Equine Center
Estrella High School
Horizon Honors High School
James Sandoval Preparatory High School
New School for the Arts and Academics
North Pointe Preparatory
Ocotillo High School
South Ridge High School Arizona Cultural Academy
Arizona Lutheran Academy
Bourgade Catholic High School
Brophy College Preparatory
Northwest Christian High School
Notre Dame Preparatory High School
Phoenix Christian High School
Scottsdale Christian Academy
St. Mary’s High School
Surrey Garden Christian School
Xavier College Preparatory

D.3. APPROVAL OF INTERGOVERNMENTAL AGREEMENT FOR DUAL ENROLLMENT WITH PUBLIC SCHOOL DISTRICTS - authorize entry into Intergovernmental Agreements (IGA's) on behalf of its colleges with the public school districts listed below for their dual enrollment programs.

Agua Fria Union High School District No. 216
Buckeye Union High School District No. 201
Cave Creek Unified School District No. 93
Chandler Unified School District No. 80
Deer Valley Unified School District No. 97
Dysart Unified School District No. 89
East Valley Institute of Technology District No. 401
Fountain Hills Unified School District No. 98
Gilbert Unified School District No. 41
Glendale Union High School District No. 205
Higley Unified School District No. 60 Mesa Unified School District No. 4
Paradise Valley Unified School District No. 69
Peoria Unified School District No. 11
Phoenix Union High School District No. 210
Queen Creek Unified School District No. 95
Scottsdale Unified School District No. 48
Tempe Union High School District No. 213
Tolleson Union High School District No. 214
Wickenburg Unified School District No. 9
State of Arizona, Department of Juvenile Corrections

E.1. APPROVAL OF NORTHERN ARIZONA UNIVERSITY REIMBURSEMENT OF MESA COMMUNITY COLLEGE UPGRADES - Approve an amendment to the sublease agreement between MCCCD and NAU under which MCCCD will reimburse costs incurred by Northern Arizona University for making required/planned upgrades to the City of Mesa’s Centennial Building located in Downtown Mesa. This reimbursement will cover the costs that Mesa Community College would have incurred had it made the required repairs to accommodate new student traffic, and ADA compliance issues. The amount of the reimbursement is not expected to exceed $250,000. REMOVED FROM AGENDA

E.3. APPROVAL OF CONTRACT AWARD FOR NORTH PARKING LOT EXPANSION AT CHANDLER-GILBERT COMMUNITY COLLEGE - award a contract in the amount of Eight Hundred Ten Thousand and no/100ths ($810,000.00) to Visus Engineering Construction for Chandler-Gilbert Community College Pecos Campus’ north parking lot #9 expansion.

E.4. APPROVAL OF CONSULTANT CONTRACT AWARD FOR DISTRICT-WIDE CENTRAL PLANT IMPROVEMENTS – PHASE III - approve the award of a consultant contract in the amount of Seven Hundred Ninety-Seven Thousand and no/100ths Dollars ($797,000.00) to Energy Systems Design to provide consulting services for Phase III of District-wide central plant upgrades.

E.5. APPROVAL OF CONTRACT AWARD FOR HAZARDOUS MATERIALS ABATEMENT FOR THE SCIENCE LECTURE BUILDING AT SCOTTSDALE COMMUNITY COLLEGE - award a contract in the amount of One Hundred Ninety-Four Thousand Six Hundred Seventy-Five Thousand and no/100ths Dollars ($194,675.00) to Spray Systems Environmental to provide hazardous materials abatement in the Science Lecture (SL) Building.

E.6. APPROVAL OF CONTRACT AWARD FOR CHILLED WATER LINE IMPROVEMENTS AND REPLACEMENTS AT PARADISE VALLEY COMMUNITY COLLEGE - award a contract in the amount of One Million Five Thousand Six Hundred Thirty-Six and no/100ths Dollars ($1,005,636.00) to Premier Mechanical Corporation for the installation of chilled water lines at Paradise Valley Community College.

E.7. APPROVAL OF CONTRACT AWARD FOR RESTROOM REMODELING IN THE MUSIC BUILDING AT SCOTTSDALE COMMUNITY COLLEGE - award a contract in the amount of One Hundred Thirty-One Thousand Four Hundred Fourteen and 85/100ths Dollars ($131,414.85) to Diamond Ridge Development Corporation for remodeling restrooms in the Music Building at Scottsdale Community College.

E.8. APPROVAL OF CONTRACT AWARD FOR DISTRICT-WIDE ANNUAL CHILLER MAINTENANCE - award a contract for not to exceed Two Hundred Forty-Five Thousand One Hundred Sixty and no/100ths Dollars ($245,160.00) to Arizona Trane to provide district-wide annual preventive maintenance for central plant chillers over a multiple year period.

E.9. APPROVAL OF AMENDED UTILITIES EASEMENT FOR NEW LIFE SCIENCES BUILDING AT GLENDALE COMMUNITY COLLEGE - approve a revised easement to Salt River Project for the installation and maintenance of electrical facilities for the new Life Sciences Building at Glendale Community College.

F.1. APPROVAL OF E-MAIL SYSTEM UPGRADE - approve the expenditure of $180,000 over the next 12 months to replace aging servers in our Enterprise E-mail System, purchase a backup system for e-mail servers, and upgrade our Anti-SPAM infrastructure.

MOTION NO. 9472
Linda Rosenthal moved for approval of the Consent Agenda be approved with the exception of V.E.5, V.E.6, and V.E7 (NOTE: It should be noted that items V.E.5, V.E.6 and V.E.7 did not appear on the posted agenda due to printing problems and therefore were not approved at this meeting. A subsequent teleconference call board meeting was held on March 27 at 2:15 p.m. to approve these. Three board members (Walker, Rosenthal, and Campbell) made up the quorum that were able to approve these items.) Motion approved 5-0.

B.3. APPROVAL OF PROPOSED AMENDMENT TO BOARD PLANNING CALENDAR - adopt the proposed changes to its Annual Planning Calendar. The changes are considered to be housekeeping in nature and are necessary to bring the item up to date for the 2008 calendar year.

MOTION NO. 9473
Linda Rosenthal moved for approval of Item V.B.3. Motion approved 5-0.

B.4. PROPOSED AMENDMENT TO JURY DUTY POLICY LANGUAGE – review and adopt the proposed amendment to policy language for jury duty service by employees. As this language rests in the All Employee Policy Manual, changes require approval by the Governing Board. The purpose of the change is to make a clarification on how jury duty summons are actually processed by the Human Resources Division. In order for the time absent from work to be processed appropriately, verification of actual attendance at jury duty should be submitted by employees for documentation purposes; not just receipt of a summons.

MOTION NO. 9474
Linda Rosenthal moved for removal of this item from the agenda for further consideration. Motion approved 5-0. Vice Chancellor Al Crusoe commented that the changes in this policy in essence would require that employees verify having served on jury duty. He has had discussions with General Counsel Pete Kushibab who indicated that decisions such as this in the past have been approved. If employees do not have to report for jury duty, they can perform work assignments, team teaching or office responsibilities.

V.E.2. APPROVAL OF PROPOSED TUITION AND FEES FISCAL YEAR 2008-09 BUDGET

PROPOSED TUITION & FEES FISCAL YEAR 2008-09 BUDGET - After several months of 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. Attached is the proposed Fiscal Year 2008-2009 Tuition and Fees schedule, submitted for Governing Board review. The schedule will be submitted for Governing Board action on March 25, 2008.

County Resident Tuition & Fees:

MOTION NO. 9475

Linda Rosenthal moved for approval of Item V.E.2. Mr. Walker commented that he did not believe that the tuition was in line with allowing students to achieve an education at the community colleges and would not support the increase in tuition. Mr. Crowley stated that he too was concerned about the economy as a whole, however, employees need to be taken care of and it was important to emphasize to students that their degrees were recognized as important and beneficial to our state. Gaye Murphy indicated that approximately 150 students attended sessions held at the campuses and many expressed concerned about financial aid and the value of their degrees. Item Approved 4-1 (Mr. Walker – nay).

VI.A. INFORMATION ITEMS
Proposed Fiscal Year 2008-09 Budget

The proposed FY2008-09 Budget totals $1.4 billion.

(VII.A.) MONITORING REPORTS

BUDGET ANALYSIS REPORT SUMMARY
FUND 1 - GENERAL UNRESTRICTED FUND
FOR THE EIGHTH MONTH ENDED FEBRUARY 29, 2008

Expenditure analysis indicates 57.2% of the budget has been expended this year as compared to 57.9% expended at this same point in time last year. 20.1% of the budget remains unexpended or unencumbered compared to 20.1% in the prior year. Revenue analysis indicates that $388.4M of the budget has been recognized. The projected fund balance will increase by $0.5 million this fiscal year and the projected ending fund balance for June 2008 is $89.0M.

NEXT MEETINGS:
President Campbell announced that the next Governing Board Meetings would be a systemic dialogue on April 22 and a regular board meeting on April 29.

ADJOURNMENT
The meeting adjourned at 7:30 p.m.

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Colleen Clark
Governing Board Secretary