Minutes 10/23/2007

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
OCTOBER 23, 2007
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
Linda Rosenthal, President
Don Campbell, Secretary
Colleen Clark, Member
Scott Crowley, Member
Jerry Walker, Member

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

CALL TO ORDER
The regular meeting was called to order at 6:30 p.m.

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

PLEDGE OF ALLEGIANCE
The assembly pledged their allegiance to the United States of America led by Governing Board Member Don Campbell.

CITIZEN'S INTERIM
The following citizen came forward:
Dr. Regi Munro representing Instructional Council, Exercise Science – Physical and Education Health – Wellness/Recreation

Dr. Munro read the following statement:

President Rosenthal, Governing Board Members, Vice-Chancellors, College Presidents, and guests. I am here tonight as a member of the Maricopa Community Colleges instructional council for Exercise Science, Physical Education, Health, Recreation, and Wellness to address the comments made at the September Governing Board meeting regarding the need for advanced certifications in the Fitness and Wellness fields.

The Maricopa Community College District is one of the largest in the United States. Maricopa is recognized as an innovative leader in its pedagogical practices and its ability to meet the educational needs of the diverse communities each college serves.

As a faculty member it is my responsibility to educate students in my field to increase their knowledge base and acquire the skills necessary to be competitive and viable members of our workforce. It is also my responsibility that I posses and demonstrate a higher level of knowledge and competency.

I have a doctorate in Exercise and Wellness, and dual certifications, one by the American College of Sports Medicine as a Health Fitness Instructor and the second by the National Strength and Conditioning Association as a Certified Strength and Conditioning Specialist. The minimum requirement for both is a college degree. Further, these are the gold standards in the fitness and strength and conditioning fields. These certifications do not make me a better person, but they certify that I have a greater level of knowledge and expertise beyond the minimum, and that I am competent to work with individuals who may have special needs.

Subsequently, the health, fitness and wellness fields have gone through numerous changes since the early 1950s when the American College of Sports Medicine was founded. An increased level of accountability demands that practitioners be well versed in how physical activity affects various clinical conditions and/or disease manifestations. The rise in the popularity of sports and the ability to earn significant incomes has given rise to sport specific training of which its aim is to first prevent injuries and second enhance performance. In 1978 the National Strength and Conditioning Association recognized the need for strength and conditioning experts to assist athletes with these goals. Further, physicians, physical therapists, and athletic trainers recognize it is imperative that practitioners who work with diseased and injured individuals have a higher level of knowledge. Certifications demonstrate this greater level of expertise.

Beyond health practitioners, the court of law is a likely destination for a facility or an individual who has acted in a negligent manner by not taking appropriate risk management measures to protect its students or clients. Requiring certifications of staff is one way to demonstrate that safety is the first priority as it exemplifies that the individual working with the mature adult of say age 66 with diabetes, high blood pressure, and high cholesterol knows how to assess his/her fitness level and design an appropriate exercise program to help manage the disease. Students such as this come into the Maricopa Community College Fitness Centers every day. Further, the majority of the Maricopa Community Colleges have various athletic teams. The diversity of the specific sports presents the challenge of having adjunct faculty who know how to design sport specific programs for the football lineman, and the long distance runner. Both of these are student athletes, but the energy demands and skills specific to the sport are significantly different. Hiring a faculty member who is a certified strength and conditioning specialist again demonstrates a higher level of knowledge than the minimum of a college degree.

In 2005 Chandler-Gilbert Community College Fitness Center implemented the requirement that every one of our adjunct faculty to be certified by either the American College of Sports Medicine as a Health Fitness Instructor or the National Strength and Conditioning Association as a Certified Strength and Conditioning Specialist. The majority of our adjunct faculty already had these certifications, but some did not. Of the 20 adjunct faculty teaching in the Spring of 2005, only 2 chose to not become certified. They understood that they would not be renewed for the Fall 2005 semester, and decided to pursue other interests.

Mr. Walker, Mr. Crowley, with longevity comes responsibility. Responsibility not only to oneself, but to those we serve. As an institution of higher learning we should have higher standards. As faculty we should posses credentials beyond the minimum knowledge required in our fields. We should be up to date on the most current research and practices. But most importantly, it is our responsibility as health and fitness experts to ensure the health and safety of our students by upholding to the higher standards set by the American College of Sports Medicine and the National Strength and Conditioning Association.

Finally, ask yourselves: Would you go to a physician who is not board certified in his/her medical expertise? Would you trust an investment fund manager who has not obtained the appropriate certifications as required by the Securities and Exchange Commission? Would you hire an attorney who has not passed the bar examination? Why then would you trust your health and safety in a fitness facility to someone who is not certified?

Thank you for your time.

BOARD MEMBER REPORTS
Mrs. Rosenthal reported she had attended Chandler Gilbert Community College’s dedication of their Performing Art Center on behalf of Dr. Arnette Ward which was extremely well carried out. She also indicated she attended the career expo at the University of Phoenix Stadium. She congratulated all who participated in this event.

CHANCELLOR'S REPORT
Chancellor Glasper announced that the MCCCD MIRA Program instituted in 2000 by Ruth Unks had been the first recipient of the Urmia 2007 Innovative Risk Management Solutions Award

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Reyes Medrano made the following statement:

“The Faculty Association is taking this opportunity to inform the Governing Board that its membership is becoming increasingly concerned with the quality of information services provided at the District Office. The continuing delays of implementation of the new Student Information System and the continuing failures of the Blackboard teaching software are just two important examples. A disturbing trend is developing at the college level. Some department are so concerned with the inconsistent performance of the blackboard system that they have decided to suspend offering any online courses until these systemic problems are resolved. Further, many faculty who would like to explore offering online courses are discouraged from doing so by the current levels of inconsistent service. The Faculty Association’s primary concern is that students cannot be adequately served when our technology does not work consistently and at the highest level. We encourage the board and administration to focus all available energies to address these serious problems so that we may again be proud of the quality of services we provide Maricopa taxpayers and the students of the Maricopa Community Colleges.”

VICE CHANCELLOR REPORTS
Carnella Hardin, President of the Maricopa Council on Black American Affairs, came forward and provided an update on the activities of their organization since the beginning of the fiscal year. Included was information as to their mission of promoting academic and professional success for African and African-American students, administrators, faculty and staff, as well as a recap of their retreat held September 29 featuring Dr. Charles Green as their honorary guest speaker. On November 17 MCBAA will hold their Second Annual Black Tie Scholarship Fund Raiser at the Mesa Hilton and on December 8 they will have a student retreat titled “Profile, Progress, and Possibilities for MCCCD African American Students”. Next year they will have a host a reception for the NCBAA/WRCBAA Board Meeting scheduled for January and in February they will host the Black History Month Luncheon. Lastly, Ms. Hardin said they would end the year with a family picnic in March and then host the annual MCBAA Student Convocation in May at Glendale Community College.

COLLEGE REPORTS
Dr. Mary Kay Kickels, President of Paradise Valley Community College,
Introduced PVC Vice Presidents Dr. Paul Dale and Mr. Bob Bendotti who were present to share preliminary results from the pilot student success program, iStartSmart.

Dr. Anna Solley, Phoenix College President, reported that two of Phoenix College’s faculty had been award recipients. Fred Amador, Counselor and faculty member at Phoenix since 2000, was recognized as one of Arizona Hispanic Chamber of Commerce’ 40 Hispanic Leaders Under 40 Award. Receiving this same recognition was Dr. Trino Sandoval who for the past eleven years has served Phoenix College in key roles such as Department Chair in the Foreign Language Department, Executive Assistant to the president, Interim Associate Dean of Continuing Education and Community Service, and Director of the Raul H. Castro Institute.

David Singer, Principal of the Teacher Preparation Charter High School, reported on the progress made to date as a performing plus school. The school was originally chartered by MCCD as a “grow your Own” project and meant to address the pressing issue of teacher shortage. It serves student in grades 9-12 and focuses in providing a seamless educational path towards employment as a K-12 teacher in an Arizona public school. It currently enrolls 55 students who take classes in biology, Spanish, math and CPD.

STUDENT LIFE REPORTS
Students from Mesa Community College were present to provide a report about their activities this past semester. Staff and students attending were Doug Shumway, Briana Haas, Greg Reents, Betty Jo Lenhart (President), Earl Jacob Leo Guenthner (Executive Vice President), Jhennicea K. Morrow (Executive Vice President of Communications), Julie Ann Sorensen (Executive Vice President of Fiscal Affairs)
This past semester students have worked on their mission statement stating “The Student’s voice inspires us to take action in support of their personal development.” Their platform (vision) includes:
• Connecting students and building community
• Department partnerships
• Student Space
• New Student Information system
• Leadership Training
• Academic Grants (Student & Faculty

CITIZEN'S FORUM FOLLOW-UP REPORT
There was no report.

ACCA/AADGB REPORT
There was no report, however, Mrs. Rosenthal commented that the 2007 ACCA State Educational Conference would be held the following week in Tucson.

Kathy Boyle, Executive Director of ACCA, provided a detailed report about Arizona Property Tax Initiatives. The presentation included the following:
• Description of proposed 2008 Property Tax Initiatives
• Illustration of financial impact on community colleges
• California’s experience with Prop 13
• What affected organizations like community colleges can do about the initiatives.
(A copy of the entire report is included with this meeting’s minutes.)

LEGISLATIVE REPORT
There was no report.

AWARDS AND RECOGNITIONS
Dr. Steve Helfgot, Vice Chancellor of Student and Community Affairs, announced that at the recent regional conference of The National Council for Marketing and Public Relations (NCMPR), an affiliate council of the American Association of Community Colleges (AACC) “Medallion Awards” were presented for outstanding work in marketing and public relations. Four of the MCCCD colleges, MCTV and the District Office received a total of eighteen awards including ten gold, seven silver and one bronze. PVCC received five Medallions including four gold and one silver. CGCC earned a total of five awards, two gold, three silver and one bronze. GCC and SMCC each received one gold Medallion. The District Office earned one gold and one silver and MCTV was the winner of one gold Medallion and two silver.

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

Chancellor Glasper requested the removal of Item V.C.3.

MOTION NO. 9445
Dr. Don Campbell moved that the Governing Board agenda be approved with the exception of Item V.C.3 which was removed. Motion approved 5-0.

 

President Rosenthal 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 September 11, 2007 Governing Board Citizens’ Forum and the September 25, 2007 Regular Governing Board Meeting

B.1. APPROVAL OF EMERITUS STATUS DISTINCSTION – DR. ROY COHEN - award Emeritus Distinction to MCCCD Faculty member Dr. Roy Cohen for his meritorious contributions and quality of instruction to the Maricopa County Community College District.

B.2. APPROVAL OF 2007-08 DISTRICT PROPERTY AND CASUALTY INSURANCE PROGRAM RENEWAL - approve payment of the 2007/2008 premium amounts for renewal of MCCCD’s property and casualty insurance policies per the attached schedule for the period of November 1, 2007 to November 1, 2008.

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

C.2. CONSIDERATION OF RECOMMENDATION FOR DISMISSAL OF MCC EMPLOYEE - issue a final decision to deny the appeal by Ray Fowler of his dismissal from employment with the Maricopa County Community College District, and that the Board uphold its previous decision in favor of such dismissal.

C.3. CONSIDERATION OF RECOMMENDATION OF EMPLOYMENT ACTION CONCERNING MCC FACULTY MEMBER - REMOVED

C.4. GOVERNING BOARD REVIEW OF LEVEL 5 FACULTY GRIEVANCE - pursuant to Section 6.1.2.5 of the Residential Faculty Policy Manual (RFP), review the pending grievance submitted by Steve Boettcher, as well as the evidence in connection with such grievance.

D.1. APPROVAL OF PROPOSED CURRICULUM AND PROGRAMS - Approve the proposed curriculum and programs as submitted.

D.2. APPROVAL OF GRANT AWARD FROM VIRGINIA G. PIPER CHARITABLE TRUST TO GATEWAY COMMUNITY COLLEGE FOR BOOMER WORKFORCE TRANSITION CENTER - accept an award f or year one of a three year grant from the Virginia G. Piper Charitable Trust in the amount of $217,900 to support a Boomer Workforce Transition Center. Year one project funding will be available from September 10, 2007 to September 9, 2008

D.3. APPROVAL OF ANNUAL REPORT, PROPOSITION 301 WORKFORCE DEVELOPMENT AND JOB TRAINING FY 2006-07 - approve the District’s Proposition 301 Workforce Development and Job Training Annual Report for Fiscal Year 2006-07. This report was developed in accordance with Arizona Revised Statutes ARS 15-1472, which requires submission of an annual accounting of expenditures of Proposition 301 funds by November 1. These funds were established by Arizona voters in November 2000 to be used by community colleges for workforce development.

D.4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE’S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND AGUA FRIA UNION HIGH SCHOOL DISTRICT NO. 216 - approve an Intergovernmental Agreement between the Maricopa County Community College District and Agua Fria Union High School District No. 216 to continue the Cisco Regional Academy Program at Estrella Mountain Community College.

D.5. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE’S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND GLENDALE UNION HIGH SCHOOL DISTRICT - approve an Intergovernmental Agreement between the Maricopa County Community College District and Glendale Union High School District to continue the Cisco Regional Academy Program at Estrella Mountain Community College.

D.6. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE’S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND NOGALES UNIFIED SCHOOL DISTRICT NO. 1 - approve an Intergovernmental Agreement between the Maricopa County Community College District and Nogales Unified School District #1 to continue the Cisco Regional Academy Program at Estrella Mountain Community College.

D.7. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN ESTRELLA MOUNTAIN COMMUNITY COLLEGE’S CISCO REGIONAL NETWORKING ACADEMY PROGRAM AND PEORIA UNION HIGH SCHOOL DISTRICT NO. 11 - approve an Intergovernmental Agreement between the Maricopa County Community College District and Peoria Unified School District #11 to continue the Cisco Regional Academy Program at Estrella Mountain Community College.

E.1. APPROVAL OF AMENDMENT 1 – HANGAR 46 LEASE BETWEEN WILLIAMS GATEWAY AIRPORT AUTHORITY AND CHANDLER-GILBERT COMMUNITY COLLEGE - approve Amendment #1 to the agreement regarding Hangar 46, located at 5755 S Sossaman Road. This amendment provides for the extension of the current lease on a month-to-month basis until terminated by either party with a 30 day written notice.

E.2. APPROVAL OF PROJECT INITIATION FOR A NEW CLASSROOM ANNEX AT CHANDLER-GILBERT COMMUNITY COLLEGE - approve Project Initiation for construction of a new classroom annex building at the CGCC Pecos Campus.

E. 3. APPROVAL OF GMP AWARD FOR NEW CLASSROOM BUILDING AND CENTRAL PLANT AT CHANDLER-GILBERT COMMUNITY COLLEGE/WILLIAMS CAMPUS - approve the Guaranteed Maximum Price (GMP) of Eight Million Nine Hundred Sixty-Eight Thousand Ninety-Seven and no/100ths Dollars ($8,968,097.00) to Adolfson and Peterson Construction for construction of the new Classroom Building (Engle Hall) and Central Plant at the Chandler-Gilbert Community College/Williams Campus.

E.4. APPROVAL OF CONSULTANT SELECTION FOR NEW MULTI-USE BUILDING AND REMODELING FOR MESA COMMUNITY COLLEGE AT RED MOUNTAIN - approve the selection of SmithGroup to provide consulting services for the New Multi-Use Building and Remodeling for Mesa Community College at Red Mountain, in the amount of One Million Seven Hundred Sixty-Four Thousand Eighty-Nine and no/100ths Dollars ($1,764,089.00)

E.5. APPROVAL OF CHANGE ORDER FOR MASONRY STRUCTURAL REPAIRS AT SCOTTSDALE COMMUNITY COLLEGE - approve a change order in the amount of One Hundred Fifty Eight Thousand Six Hundred Forty-Five and no/100ths Dollars ($158,645.00) to S.J. Anderson Company for masonry wall repairs at Scottsdale Community College.

E.6. APPROVAL OF CMAR SELECTION FOR NEW CENTRAL PLANT AT SOUTH MOUNTAIN COMMUNITY COLLEGE - approve the selection of Jokake Construction to provide Construction Manager at Risk (CMAR) services for the new Central Plant at South Mountain Community College. The pre-construction phase services budget is $45,000 including reimbursable costs.

E.7. APPROVAL OF CONTRACT AWARD FOR REMODELING OF THE EMERALD POINT BUILDING AT DISTRICT OFFICE - approve awarding a contract in the amount of Eight Hundred Twelve Thousand Nine Hundred Sixty-Four and no/100ths Dollars ($812,964.00) to SD Crane Builders, Inc.for interior remodeling of the Emerald Point Building at District Office.

E,8. APPROVAL OF CONTRACT AWARD FOR CHAPARRAL ROAD AND COLLEGE LOOP ROAD IMPROVEMENTS AND TRAFFIC SIGNAL AT SCOTTSDALE COMMUNITY COLLEGE - approve awarding a contract in the amount of Seven Hundred Forty-One Thousand Four Hundred Sixty-Nine and 96/100ths Dollars ($741,469.96) to Blucor Contracting, Inc. for Chaparral Road, College loop road improvements and traffic signal at Scottsdale Community College.

E.9. APPROVAL OF CONCEPTUAL APPROVAL FOR UNIVERSITY CENTER RENOVATIONS AT SCOTTSDALE COMMUNITY COLLEGE - provide conceptual approval for renovations in the former Child Enrichment Center at Scottsdale Community College, with a Total Project Budget of $600,000.

F.1. APPROVAL OF COURSE FEE CHANGES – PARADISE VALLEY COMMUNITY COLLEGE - approve the proposed course fees shown below for new courses at Paradise Valley Community College. The fees will be effective Spring Semester 2008.

Course and Title New Fee
NUR118 Nursing Science I $30
NUR128 Nursing Science II $30
NUR238 Nursing Science III $30
NUR248 Nursing Science IV $30
NUR158 Nurse Assisting $30
REC150AA Grand Canyon White Water Rafting Actual Cost
REC150AB Outdoor Adventure Skills Actual Cost
REC155AA Introduction to Canyoneering Actual Cost
REC155AB Introduction to Caving Actual Cost
REC155AC Introduction to Outdoor Rock Climbing Actual Cost

MOTION NO. 9446
Scott Crowley moved for approval of the Consent Agenda be approved. Motion approved 5-0.

B.3 APPROVAL OF PUBLIC SAFETY POLICY – adopt the proposed revisions to the existing Public Safety policy. The most significant changes are to modify the Public Safety policy to establish the standards by which the District’s Certified Safety Officers and Directors shall be authorized to carry firearms and to strike the existing regulation that prohibits the District’s Certified Safety Officers and Directors from carrying firearms.

MOTION NO. 9447
Scott Crowley moved for approval of Item B.3. Motion approved 5-0.

B.4. APPROVAL OF MCCCD USE OF FORCE POLICY - adopt the proposed new policy on the Use of Force. This policy establishes the standards for the use of force and all matters related to the use of force.

MOTION NO. 9448
Scott Crowley moved for approval of Item B.4. Motion approved 5-0.

MONITORING REPORTS
(VII.A.)
Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Twelve Months Ended June 30, 2007 - Final

Expenditure analysis indicates 88.8% of the budget was expended this year as compared to 91.7% expended last year. 11.2% of the budget remained unexpended or unencumbered compared to 8.3% in the prior year. Revenue analysis indicates that $522.3M or 96.6% of the budget was recognized. The projected fund balance increased by $9.0 million in FY06-07.

(VII.B.)
Budget Analysis Report Summary
Fund 1 - General Unrestricted Fund
For the Three Months Ended September 30, 2007

Expenditure analysis indicates 20.7% of the budget has been expended this year as compared to 18.4% expended at this same point in time last year. 33.4% of the budget remains unexpended or unencumbered compared to 39.3% in the prior year. Revenue analysis indicates that $115.7M 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.

(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),
2004 General Obligation Bonds Series A (2004), and 1994 Capital Development Plan Summary
As of September 30, 2007

As of September 30, 2007, $384.0 million of 1994 bond proceeds have been expended and encumbered representing over 99% of total proceeds from the bond authorization and capital development plan. A total of $220 million, approximately 51% of proceeds from the Series A and Series B issuance of the 2004 bond, has been expended, encumbered or reserved for specific purposes. Bond proceeds are invested until expended.

As of September 30, 2007 the net uncommitted balances on outstanding GO Bonds are categorized as follows:
1994 GO Bond Remaining Balance
Bond Proceeds $1.34 million
Interest Allocated to Life Without the Bond $1.82 million
Interest NOT Allocated to Life Without the Bond $2 million

2004 GO Bond Remaining Balance
Bond Proceeds $210 million
Interest $9.47 million

Remaining earnings are invested and will be used for future debt service or capital projects such as Life Without the Bond.

NEXT BOARD MEETING
President Rosenthal announced that the next Governing Board Meetings would be a Retreat on November 13, 2007 and a regular Board Meeting on November 27, 2007.

ADJOURNMENT
The meeting adjourned at 8:03 p.m.

 

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Dr. Donald R. Campbell
Governing Board Secretary