Minutes 08/26/2008

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
AUGUST 26, 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
Linda Rosenthal, Member
Jerry Walker, Member
Scott Crowley, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Darrel Huish
Steve Helfgot
Anna Solley
Pete Kushibab
Paul Dale
Shouan Pan
Ken Atwater
Ernie Lara
Gene Giovannini
Linda Thor
Velvie Green
Maria Hesse
Jan Gehler

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 Jerry Walker.

CITIZEN'S INTERIM
The following citizens came forward.

Sharon Slater came forward to voice her opposition to the recommendation that gender identity and expression be added to the non-discrimination policy. She stated that these are considered disorders in the DSM Manual and they are a negative experience for people that share these. She is a representative of Family Watch International and studies the impacts that these this have on individuals and society. This is a hotly debated issue. For those individuals who identify as a gender other than the one they are born into, the use of public restrooms can become a cause of concern for students. There are many things to consider. There should be a formal study on this issue. Ms. Slater cautioned that the Board should look into this carefully.

Daniel Grimm had three points of objection to the addition of gender identity and expression. They were:

Patricia Oldroyd spoke on behalf of grandchildren who might attend the Maricopa Community Colleges in the future as she reiterated what had already been stated by Ms. Slater and Mr. Grimm. She felt this would be disruptive if students came to a class where the teacher was a man and next time a female. She asked that the Board consider all aspects of this change that has been suggested.

CLASSES PRESENT
President Campbell acknowledged the presence of the NAU CC580 Community College Class taught by Dr. Rebecca Osuna.

BOARD MEMBER REPORTS
There were no reports.

CHANCELLOR'S REPORT
Chancellor Glasper reported that community college CEO’s would be meeting later on in the week in Prescott and would be discussing the community college council that may be established by the Governor. Some members of ACCA have discontinued their membership and community colleges have lost the ability to speak about issues. The new council would consist of ten CEO’s, three trustees (Maricopa, Pima, and a rural college) as well as three community members. This would be existence through the duration of the Governor’s term.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Dr. Barry Vaughn announced that over 500 ratifications to the language agreed upon had been received and they would notify the Governing Board as soon as it had been approved.

EMPLOYEE GROUP REPORTS
MCCCD Diversity Initiatives Manager Rory Gilbert and Equality Maricopa President Lori Girshick came forward to address the Board on the first reading that would be discussed later in the meeting pertaining to the amendment of the non-discrimination policy. They stated that questions that had been raised about gender identity issues this evening will be addressed. The University of Arizona and Arizona State University have been able to add this new language without any problem. They also posed scenarios about individuals who related to the issue of gender identity and expression. They stated that statistics are hard to come by, however, they know of individuals who experience this daily. Many individuals have known their feelings since they were little and oftentimes suicide was an option since the decision to change gender did not come easily. Students at the community colleges have asked to be called by one name, only to be called by another. Others are called names and others receive threats. They asked if we can condone this behavior. There are no laws to protect these individuals. They stated that four little words could make a difference for many students.

VICE CHANCELLOR REPORTS
There were no reports.

COLLEGE REPORTS

The following reports were made:

Phoenix College President Dr. Anna Solley acknowledged the emeritus distinctions awards that would be approved later in the meeting for Ms. Mariclyn Anderson and Dr. Margaret Macias. Ms. Macias, who was in attendance, was asked to come forward to receive her certificate. Dr. Solley introduced Robin Ozz who oversees faculty staff development at Phoenix College and also was responsible for their recent faculty convocation. Ms. Ozz provided highlights of their convocation initiative which emphasizes The Power of One: One Maricopa, One PC.

Glendale Community College President Dr. Velvie Green also acknowledged the emeritus distinction award nomination of Dr. Nancy Seifer. Dr. Seifer was also asked to come forward to receive her certification. Following this, Dr. Green introduced Dean of Planning Chuck Jeffery who spoke about the naming conventions used for the naming of buildings A-E at Glendale Community College North.

Chandler Gilbert Community College President Dr. Maria Hesse provided a report on enrollment milestones that her college had experienced this year in reaching more than a 15,000 student headcount and more than 5,000 full-time student equivalents. She also spoke about CGCC’s college-wide SEE Your World initiative which was featured as an exemplary case study in a book on civic engagement in higher education.

STUDENT LIFE REPORTS
There were no reports.

SYSTEMIC DIALOGUE FOLLOW-UP REPORT
There was no report.

ACCA/AADGB REPORT
There weas no report.

LEGISLATIVE REPORT
There was no report.

AWARDS AND RECOGNITIONS
There were no awards or presentations.

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

MOTION NO. 9506
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:

President Campbell requested a motion to approve the Consent Agenda.

The following items were included on the Consent Agenda:

A.1 APPROVAL OF THE MINUTES OF THE JULY 22, 2008 REGULAR GOVERNING BOARD MEETING AND THE JULY 24, 2008 MEETING OF THE GOVERNING BOARD AND THE FACULTY ASSOCIATION EXECUTIVE LEADERSHIP

B.1. APPROVAL OF FACULTY EMERITUS DISTINCTION – PHOENIX COLLEGE - award Faculty Emeritus Distinction to:

B.2. APPROVAL OF FACULTY EMERITUS DISTINCTION – GLENDALE COMMUNITY COLLEGE - award Faculty Emeritus Distinction to Dr. Nancy Siefer.

C.1. CONSIDERATION OF EMPLOYMENTS, RESIGNATIONS, RETIREMENTS AND TERMINATIONS – approve the proposed personnel actions with addendum.

D.1. 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.

D.2. APPROVAL OF CARL D. PERKINS IV BASIC GRANT FOR FY 08-09 FEDERAL CAREER & TECHNICAL EDUCATION FUNDING - accept the Carl D. Perkins IV grant for FY 08-09 in the amount of $1,267,979.12 from the Arizona Department of Education. The grant funds will be used to support services and programs for occupational students.

D.3. APPROVAL OF ARIZONA SMALL BUSINESS DEVELOPMENT CENTER NETWORK - approve acceptance of a negotiated contract in the amount of $3,676,719.50 between the U.S. Small Business Administration and the Maricopa Community Colleges for the Arizona Small Business Development Center Network. This contract represents $1,573,633.00 of SBA funding and $2,103,086.50 of Arizona Community Colleges cash match, in-kind, and indirect resources. Of this amount, Maricopa Community Colleges and local resources represents $498,768.00 of cash-match support and $419,527.00 of in-kind and indirect support.

D.4. APPROVAL OF U.S. DEPARTMENT OF EDUCATION TITLE V GRANT - ESTRELLA MOUNTAIN COMMUNITY COLLEGE - award for Estrella Mountain Community College. Year 1 amount is $571,600 and the total award comprises of $2.8 million in federal money distributed over the next five years, with the funding date scheduled to begin on October 1, 2008 and expiring on October 1, 2013. The $2.8 million allocation includes a $375,000 non-federal endowment match. To fully maximize this match, the college must raise a minimum of $75,000 a year, over the next five years. By fully maximizing the endowment match opportunity, the actual value of the project will total approximately $3.2 million, of which 88% is federally funded and 12% from non-federal sources.

D.5. APPROVAL OF 2008-2009 ARIZONA DEPARTMENT OF COMMERCE FOR COMMUNITY COLLEGE GRANT FOR NURSING PROGRAMS – ESTRELLA MOUNTAIN COMMUNITY COLLEGE - accept the award of a Community College Grant for Nursing Programs from the Arizona Department of Commerce in the amount of $119,117 under Contract No. G034-07-02 for the period of July 1, 2008 – June 30, 2009. The funds have been appropriated by the Department of Commerce.

D.6. APPROVAL OF AGREEMENT BETWEEN THE MARICOPA SKILL CENTER (MSC) AND TEMPE UNION HIGH SCHOOL DISTRICT TO PROVIDE CUSTOMIZED CONTEXTUAL LANGUAGE TRAINING TO MSC STUDENTS - approve the Intergovernmental Agreement (IGA) the Maricopa Skill Center (MSC) and Tempe Union High School District (TUHSD). This agreement is for a program to provide customized contextual language training to MSC students.

D.7. APPROVAL OF U.S. DEPARTMENT OF EDUCATION GRANT AWARD FOR STUDENT SUPPORT SERVICES PROGRAM AT GATEWAY COMMUNITY COLLEGE - accept and approve the U.S. Department of Education grant award in the amount of $220,000.00 for the Student Support Services (SSS) program at GateWay Community College. Funds were awarded for year four of a four year TRiO grant, beginning 9/1/05 and ending 8/31/09. The SSS Award Notifications will be mailed out by the Department of Education in late August.

D.8. APPROVAL OF U.S. DEPARTMENT OF EDUCATION GRANT AWARD FOR STUDENT SUPPORT SERVICES PROGRAM – PHOENIX COLLEGE - accept an award for year four of a four-year grant from the Department of Education in the amount of $267,051 to Phoenix College for the Student Support Services Program. Year four project funding will be for the period September 1, 2008 through August 31, 2009, the fourth year of the four-year grant cycle (pending final approval from the United States Department of Education).

D.9. APPROVAL OF U.S. DEPARTMENT OF EDUCATION TITLE V GRANT – PHOENIX COLLEGE - accept an award for year one of a five-year grant from the United States Department of Education in the amount of $523,151 to Phoenix College for the Title V, Developing Hispanic-Serving Institutions Program. Year one project funding will be available from 10/01/2008 to 09/30/2009.

D.10. APPROVAL OF COMMUNITY COLLEGE GRANT FOR NURSING PROGRAMS, SOLICITATION NO. G025-06 – PHOENIX COLLEGE - accept an award for year three of a three-year grant from the Arizona Department of Commerce in the amount of $351,677.19 to Phoenix College for the Community College Grant for Nursing Programs, Solicitation No. G025-06. Year three project funding will be available from 07/01/08 to 06/30/09.

D.11. APPROVAL OF COMMUNITY COLLEGE GRANT FOR NURSING PROGRAMS, SOLICITATION NO. G034-07 – PHOENIX COLLEGE - accept an award for year one of a two-year grant from the Arizona Department of Commerce in the amount of $132,637.19 to Phoenix College for the Community College Grant for Nursing Programs, Solicitation No. G034-07. Year one project funding will be available from 07/01/08 to 06/30/09.

D.12. APPROVAL OF ARIZONA DEPARTMENT OF COMMERCE COMMUNITY COLLEGE GRANT FOR ONLINE NURSING – RIO SALADO COLLEGE - accept an award for year three of a three year contract with the Department of Commerce in the amount of $121,134.28. Project funds will be available from July 1, 2008 through June 30, 2009.

D.13. APPROVAL OF DEPARTMENT OF EDUCATION CYCLE 3- YEAR 2 GRANT AWARD FOR THE UPWARD BOUND PROGRAM AT GATEWAY COMMUNITY COLLEGE - accept and approve the U.S. Department of Education cycle 3, year 2 grant award in the amount of $250,000 for the Upward Bound program at GateWay Community College. The Upward Bound Award Notification will be mailed out by the Department of Education in late August.

E.1. APPROVAL OF AWEE LEASE AGREEMENT – PHOENIX COLLEGE - approve a lease agreement between Arizona Women’s Education and Employment, Inc. (AWEE) and the District for space at Phoenix College Downtown, 640 N. 1st Ave., Phoenix, AZ for the period of July 1, 2008 to June 30, 2010.

E.2. APPROVAL OF 2008-2009 PROPOSED FEE CHANGES FOR CERTIFIED DISTRIBUTION LOGISTICS PROGRAM AT THE SOUTHWEST SKILL CENTER - approve the Certified Distribution Logistics Technician Program’s modified fee schedule.

E.3. APPROVAL OF FIRST PARTIAL GMP AMENDMENT FOR THE NEW CLASSROOM BUILDING (IRONWOOD HALL) AT CHANDLER-GILBERT COMMUNITY COLLEGE - approve the award of a first partial Guaranteed Maximum Price (GMP) Amendment in the amount of Five Million Nine Hundred Twenty Thousand Nine Hundred Forty-Six and no/100ths Dollars ($5,920,946) to Caliente Construction for the new Classroom Building (Ironwood Hall) at Chandler-Gilbert Community College.

E.4. APPROVAL OF DEDICATION OF SMOKEY DRIVE AT THE RIO SALADO SUN CITIES LIFE LONG LEARNING CENTER - approve the Crossroads Towne Center Property Association’s dedication of Smokey Drive to the City of Surprise. The District, through it ownership of Rio Salado Sun Cities Life Long Learning Center, is a member of this Association and holds a partial, undivided interest in the street.

E.5. APPROVAL OF CONTRACT AWARD FOR DISTRICT-WIDE ROOF REPAIR AND MAINTENANCE - approve a contract in the amount of One Hundred Seventy-Six Thousand Three Hundred Sixty-Two and 13/100ths Dollars ($176,362.13) to Progressive Roofing to provide roof repairs and maintenance on a District-wide basis.

E.6. APPROVAL OF CONTRACT AWARD FOR AVERY ROAD RECONSTRUCTION AT CHANDLER-GILBERT COMMUNITY COLLEGE WILLIAMS CAMPUS - approve the award of a contract in the amount of Three Hundred Eighty Thousand Three Hundred Eighty and 85/100ths Dollars ($380,380.85) to Sunland Asphalt for the reconstruction of Avery Road at Chandler-Gilbert Community College Williams Campus.

E.7. APPROVAL OF CONSULTANT AWARD FOR BU BUILDING DESIGN SERVICES AT SCOTTSDALE COMMUNITY COLLEGE - award a contract in the not-to-exceed amount of Three Hundred Seven Thousand Nine Hundred Sixty-Three and no/100ths Dollars ($307,963.00), including reimbursable expenses, to Architectural Resource Team, Inc. to provide architectural and engineering consulting services for the renovations in the BU Building at Scottsdale Community College.

E.8. APPROVAL OF UTILITIES EASEMENT FOR NEW CENTRAL PLANT AND ENGEL HALL BUILDINGS AT CHANDLER-GILBERT COMMUNITY COLLEGE WILLIAMS CAMPUS - approve an easement to Salt River Project (SRP) to install and maintain electrical facilities in support of the new Central Plant and Engel Hall Buildings at Chandler-Gilbert Community College Williams Campus.

E.9. APPROVAL OF UTILITIES EASEMENT FOR THE NEW MAINTENANCE AND OPERATIONS BUILDING AT PHOENIX COLLEGE - approve granting an easement to Arizona Public Service Company (APS) to install and maintain electrical facilities for the new Maintenance and Operations Building at Phoenix College.

E.10. APPROVAL OF CONCEPTUAL APPROVAL FOR CENTRAL PLANT/RECEIVING RENOVATIONS AND EXPANSION AT ESTRELLA MOUNTAIN COMMUNITY COLLEGE - provide Conceptual Approval for renovations and expansion to the existing Central Plant Building at Estrella Mountain Community College, with a Total Project Budget of $1,760,000.

F.1. APPROVAL OF DISTRICT OFFICE TELEPHONE SYSTEM UPGRADE - award a contract for the purchase of a NEC PBX (telephone system) upgrade to NEC Unified in the amount of $168,400. This contract is to be awarded under the pricing and guidelines set forth under Arizona State Contract # EPS0600-43.

F.2. APPROVAL OF CISCO VOIP STARTER PACK FOR COLLEGES - award a contract for the purchase of up to 10 Cisco VoIP Starter Packages with a total purchase up to the amount of $800,000. This contract is to be awarded under the pricing and guidelines set forth under the Arizona State Contract for the purchasing and service of Cisco equipment. The vendor will be selected at the time of purchase.

F.3. APPROVAL OF SERVICES FOR SIS SOFTWARE DEVELOPMENT AND DATA ENTRY - approve the issuance of purchase orders through June 30, 2009 with CedarCrestone, EnSynch and Kelly Services for software development and data entry services associated with Maricopa’s Student Information System.

MOTION NO. 9507
Linda Rosenthal moved for approval of the Consent Agenda. Motion approved 5-0.

VI. INFORMATION/FIRST READING ITEMS

A. GOVERNANCE POLICIES AND ADMINISTRATIVE REGULATIONS – adopt the noted technical changes to the following items:

B. COLLEGE COURSE MATERIALS - adopt a new policy on College Course Materials as mandated by State statute.

Vice Chancellor Dr. Maria Harper-Marinick commented that this items was created in response to a new state statute which is fairly prescriptive.

E. NON-DISCRIMINATION POLICY - amend the non-discrimination policy to include the words “gender identity and expression” as
a protected group. The change should be reflected throughout all references of the MCCCD non-discrimination and EEO policy statements.

Board Member Colleen Clark expressed appreciation to each individual that made comments both internally and externally. She commented that the fabric of the Maricopa Community Colleges should be respectful in all ways that we regard one another whether we are a student or employee. Existing policies already protect all
employees and students and does not see the need to have additional language.

Board Member Linda Rosenthal commented that if we do believe in respect for all employees, we need to understand what many individuals face. Equality has researched this topic and will support this recommendation to be certain that we do not discriminate against any individuals.

Board Member Scott Crowley also expressed appreciation to everyone that attended tonight. He heard the questions and still does not believe that we need to add this language. He indicated that if anyone is being discriminated against, they should come to board members. He felt that current policy is adequate and that if
anyone did want to declare male or female, they should mark other.

Board Member Jerry Walker indicated that he agreed with two of his colleagues on the board in there not being a meaningful need for a change in this policy. He said he had seen any instances on any campuses. No need to classify an individual but rather try to teach people how to think and succeed. If we are not creating a
positive learning environment, would like to see how to fix campuses. Manage issues and see how recommendations impact students and how they need to be accommodated.

Board Member Scott Crowley asked the employee group that had made a presentation if the allegations from the group were true and why they had not been brought forward.

VII.A.
BUDGET ANALYSIS REPORT SUMMARY
FUND 1 – GENERAL UNRESTRICTED FUND
FOR THE ONE MONTH ENDED JULY 31, 2008

Expenditure analysis indicates 4.8% of the budget has been expended this year as compared to 7.9% expended at this same point in time last year. 46.6% of the budget remains unexpended or unencumbered compared to 43.3% in the prior year. Revenue analysis indicates that $91.9M of the budget has been recognized. The projected fund balance will increase by ~$0.6 million this fiscal year and the projected ending fund balance for June 2009 is $99.5M.

NEXT MEETINGS:
President Campbell announced that the next Governing Board Meetings were a Work Session on September 9 at 5:00 p.m. and a Regular Board Meeting
on September 23 at 6:30 p.m.

ADJOURNMENT
The meeting adjourned at 7:40 p.m.

———————————
Colleen Clark
Governing Board Secretary