Minutes 10/27/2009

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
OCTOBER 27, 2009
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
Colleen Clark, President
Randolph Lumm, Secretary
Debra Pearson, Member
Don Campbell, Member
Jerry Walker, Member

ADMINISTRATION
Rufus Glasper
Maria Harper-Marinick
Debra Thompson
Darrel Huish
Steve Helfgot
Al Crusoe
Anna Solley
Margaret McConnell
Paul Dale
Shouan Pan
Ken Atwater
Ernie Lara
Janet Langley for Gene Giovannini
Linda Thor
Linda Lujan
Jan Gehler
Velvie Green

CALL TO ORDER
The regular meeting was called to order at 6:32 p.m.

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

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

SUBSTITUTE ANNOUNCEMENTS, AND CLASS ACKNOWLEDGEMENTS
There were no classes present.

CITIZEN'S INTERIM
The following citizens came forward:

Michele Kuhn, an employee at Scottsdale Community College, came forward to speak on her own behalf regarding a grievance she initiated in April 2008. She indicated that she wanted to put a face to a name, a names that she said has appeared on many documents. She stated that she cares about her job, is a team player and cooperates at every level. She was present this evening because she wanted the Board to take in all the facts. Because of this situation relationships have suffered, she has postponed graduate studies for over one year and she now needs to reapply, and has lost numerous work opportunities because of these delays. In spite of all this, she still felt she had the best job in the world.

Suhail Rahim, a student from Mesa Community College, was present with the Student Public Policy Forum and also to advocate on behalf of a district-wide speech and debate organization which would offer the opportunity to discuss various disciplines essential to the global mission which Maricopa supports.

Martin Bihn, an attorney representing Robert Eakman whose name was on the Separations Action Item, was present to speak on Mr. Eakman’s behalf. He requested that Mr. Eakman’s name be removed from the separations for further review. Mr. Eakman was a college safety officer at Glendale Community College who registered a complaint involving his supervisor on a Monday and was dismissed four days later. As a probationary employee, he has no appeal rights, however his six month evaluation indicated he was meeting standards and therefore no reason appeared to exist for his dismissal until he had this meeting regarding his supervisor. He petitioned the Board to remove his name from the Separations list until the actual facts could be uncovered.

BOARD MEMBER REPORTS
Governing Board Member Debra Pearson reported that she had been attending various community college meetings to observe how they do things. While in California attending the ACCT Conference, she listened to the manner in which they made reports. She also wanted to take the opportunity to thank Dr. Paul Dale, President of PVCC, for going above and beyond the call of duty on taking her to construction projects and explaining them to her. Lastly, she requested that the SPPF students present this evening stand and be acknowledged.

CHANCELLOR'S REPORT
Chancellor Glasper acknowledged the 23 National Council for Marketing and Public Relations Regional Medallion Awards which Maricopa had recently won. They were:

Printed Publications, Brochure/Flier 1 & 2, Silver Award
Sustainability and Ecological Literacy Program
Chandler-Gilbert Community College

Printed Publications, Poster, Gold Award
Discover the World
Chandler-Gilbert Community College

Printed Publications, Student Handbook, Bronze Award
Student Planner 2009-2010
Chandler-Gilbert Community College

Promotions, College Video Program, Bronze Award
Maricopa Now August 2009 Ed.
Maricopa Community Colleges

Promotions, College Video Program, Bronze Award
Maricopa Now July 2009 Ed.
Maricopa Community Colleges

Promotions, College Video Program, Bronze Award
Maricopa Now January 2009 Ed.
Maricopa Community Colleges

Promotions, College Video Program, Bronze Award
Stay Tuned, It's Your future
Maricopa Community Colleges

Printed Publications, Brochure/Flier 3, Silver Award
Dream It Do It
Maricopa Community Colleges District Office

Printed Publications, Foundation Annual Report, Bronze Award
MCC Foundation Annual Report
Maricopa Community Colleges District Office

Promotions, Successful Recruitment Marketing Program, Gold Award
Workforce Development Web Site
Maricopa Community Colleges District Office

Advertising, Novelty Advertising, Silver Award
MCC Summer Youth College
Mesa Community College

Electronic Media, e-Marketing, Bronze Award
MCC Events Calendar
Mesa Community College

Miscellaneous, Wild Card, Silver Award
Dream Big Coloring Book
Mesa Community College

Printed Publications, Newsletter, Silver Award
Alumni & Friends
Mesa Community College

Printed Publications, Viewbook, Gold Award
Define Yourself
Mesa Community College

Electronic Media, Electronic Class Schedule/Catalog, Gold Award
tinyurl.com/pcschedule-fall09
Phoenix College

Printed Publications, Viewbook, Bronze Award
Career and Enrollment Guide
Phoenix College

Printed Publications, Brochure/Flier 3, Bronze Award
Put Your Creativity to Work
Phoenix College

Advertising, Television Advertisement/PSA, Single, Silver Award
:30 Second PSA
Phoenix College

Printed Publications, College Annual Report, Gold Award
2007-2008 Annual Report
Phoenix College

Printed Publications, Poster, Bronze Award
Top Ten Modem Cable Poster
South Mountain Community College

Visual Arts, Logo Design, Gold Award
SMCC 30th Anniversary Logo
South Mountain Community College

Advertising, Banners and Outdoor Media, Gold Award
I Start Smart Banners
South Mountain Community College

Chancellor Glasper also reported that earlier in the day he had met with the Governor’s Budget Staff on continuing budget shortfalls. There are still some concerns about the potential use of stimulus resources. Maricopa has recently received an award and there are some questions as to whether they will maintain this effort. Not sure if we will get round two of money. Enrollment growth continues and with property taxes being at an all time low, as we begin to look at funding sources, we need to ask what MCCCD can do because we will be looking at a $2 billion shortfall this fiscal year. We are looking at how we can meet potential shortfalls. Periodic reports show us in very good financial shape but now we are one year away from maintaining present level. Need to better understand how we can provide this level of service. We need to reinforce controls as we move forward having conversations around Mission/Vision/Values and need to be in an environment of keeping an open mind.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Jim Simpson made the following statement:
Madam Chair, Governing Board Members, Dr. Glasper, CEC Members, and Guests:
The consultants who evaluated the complaint to the Higher Learning Commission have released their findings and recommendations. The report offers some constructive suggestions to improve the governance structure of Maricopa. Though it is human nature to resist criticism, especially from those outside one’s immediate circle, the Faculty Association encourages the Board to view that report with an open mind and a vision of what collaborative board governance could look like.

Mr. Walker’s recent op-ed article accurately points out the authority of the Governing Board is granted by the Legislature. ARS 15-1445 says: “. . . the District shall: In conjunction with other district boards, set standards for the establishment, development, administration, operation and accreditation of community colleges in the district.” The statute says the Governing Board will set standards for accreditation.

If a team of higher education professionals (including two governing board trustees and a past chair of the Higher Learning Commission) says the Governing Board is not meeting minimum standards of accreditation, one might reasonably question whether the Governing Board is meeting the expectation of the state statutes.

If we lost accreditation, we risk the loss of $150 million in federal aid. Fiscal management is extremely important; however, ask the residents of this county how important it is to ensure the courses taken and degrees granted to their sons and daughters successfully transfer to universities and qualify them to take certification exams, such as in Nursing. That is the importance of accreditation. It’s like asking someone: Is it more important to save $20 on that tune-up or be assured your car will start and get you to work? That is the “big picture.”

You have opportunities before you. An opportunity both to develop a model of governance that works for you, and to ensure you are meeting the expectations of the statutes. An opportunity to improve the climate we work in and truly to lead this District. An opportunity to see the “big picture” and demonstrate positive, healing leadership. A vision of true leadership and collaborative board governance would look like this: “The motion passes 5 to 0.”

EMPLOYEE GROUP REPORTS
Karen Harden, President of the Maricopa Council on Black American Affairs, provided a report on their activities and accomplishments this past year. This included an introduction of the 2008-2010 Officers, a history of their group, their objectives, activities and events, their affiliation with the Western Regional Council on Black American Affairs, the 2008 WRCBAA Mini-Conference and Black Tie Fundraisers, as well as their community engagement initiatives. Ms. Harden extended an invitation to everyone to attend the 2009 Black Tie Scholarship Fundraiser scheduled for Saturday, November 14, 2009 at the Paradise Valley Doubletree Resort.
Members of the M&O Crafts Employee Group came forward to read the following statement:
Good Evening President Clark, Members of the Board, Chancellor Glasper, Members of the CEC, and others present. My name is Fred Reill, President of the M&O Policy Group.

During these challenging times, Maricopa employees were encouraged to keep their heads up and a smile on their faces. We were encouraged to continue to do our best when it comes to job performance. But how can we give 100% when needed positions are not being filled. Due to these vacant positions, some custodians are required to clean areas that are now not covered; thus, their own assigned areas suffer. They are now over fatigued and being pushed to the max.

Some campuses are resorting to outsourcing custodial and grounds services. M&O employees, at times, are required to complete tasks (such as refilling paper products) that should have been done by contracted employees. Level 9 BMTs are also being called on to run various types of equipment or complete entire tasks of Level 6 Groundskeepers that are not covered under the contracted services. As a result, M&O is being spread too thin and are paying the price emotionally and physically. This is not an ideal situation.

Some of our employees feel that M&O is a disposable group. When the budget is tight, the first areas to be outsourced are M&O groups. Because of recent outsourcing, over 10% of our group has been replaced or lost. By 2011, another 21 custodial personnel will be outsourced. Each one was encouraged to submit lateral transfers but only three (3) out of 21 were placed at other locations. When positions were opened, most were filled with temporary help with no regard to the board approved employees that were losing their jobs. When supervisors were questioned on this, their answers varied. “We don’t have the money for board approved employees.” “We don’t want that specific person on our campus.” How does this attitude reinforce the Maricopa value of its employees? What should we expect the next time budget cuts have to be made?

The M&O Department is Maricopa’s “first responders”. They are often the ones asked for directions or other questions by incoming students or visitors. Can a contracted employee do this? Will a contracted employee take pride in the way the landscape or building looks. Are they trained in any way to meet the specific needs of each campus? Have they been trained to deal with air- and blood- borne pathogens? Being a groundskeeper or custodian is more than just knowing how to use a mower or a broom!

What about the quality of work performed? Do they take pride in their work – making sure they do their best every day? Why have several colleges already switched companies? Will students remember that the bathrooms are messy? No paper towels or toilet paper? What about overflowing trash cans or litter on the ground? Will the classrooms be clean and orderly? What first impression does this make with a new student? Who do you call after the contracted day porter is gone for the day? Do we still have to do the work or is it a violation of the outsourcing contract?

What is the justification for outsourcing? Saving money on wages and benefits? Were all options covered - making this a “last resort” decision, or was this a quick fix to a deeper problem? Was outsourcing used to get rid of underperforming employees without any regard for the loyal ones that were also replaced? What process does the District require when outsourcing is requested?

What is the impact on current employees due to outsourcing? Employees are anxious, wondering if they may be next. Their quality of work may reflect this anxiety. Emotions are ready to spill out when the pressure is applied to perform additional duties. This tension and anxiety between coworkers and supervisors are creating a hostile work environment on many of our campuses. Yet we are still encouraged to put on a happy face.

Are you really saving that much money? The contracted workers will take no pride in their work – it is just a job to be done as quickly as possible so they can get to the next job. These employees will be using our equipment, cleaning supplies, and paper products. Will they be frugal or will they use in excess? Will they respect our equipment? They will not be responsible for repairs so being careful with our equipment is not a concern of theirs. What oversight is required for inspections and inventory, and who will perform these tasks?

Will student or staff safety be compromised? What about our child-care centers? Will a background check be done on every contracted employee? These employees will have access to our buildings. Will they be monitored while in open work areas? Are they familiar with our evacuation plans or other emergency, lockdown procedures?

As president of the M&O Policy Group, I respectfully request that consequences to outsourcing M&O departments be considered before taking this drastic step.

Thank you.

Considerations on Custodial Outsourcing:

• Who will deliver supplies to custodial closets and restock them?
o A current employee?
1. Contracted employees cannot drive our carts.
2. Contracted employees should not have access to our entire supply of paper products, cleaners, and equipment.
3. Does there need to be an inventory of paper supplies or cleaning chemicals to see how quickly products are being used?
• Does there need to be a check- out system to use equipment?
o What about damage?
o Does someone have to inspect the equipment when it is returned?
• Someone needs to oversee contracted employees.
o Will the company provide a supervisor?
o Will that supervisor hold them to a high level of accountability?
• Inspections are required on contracted buildings.
o Who will do the inspections?
o Who will redo the work of the contracted employees?
• Is a day porter required – 4 hrs or 8 hrs?
o Who will refill paper products after contracted employees have left the campus?
o Who will clean up spills in eating areas, etc.?
o Who will clean high-security areas that are locked after hours?

Considerations on Grounds outsourcing:

Some of our sites have specialized areas such as:
Mesa Community College’s rose garden (large public exposure)
MCC @ Red Mountain is a Sonoran Desert environment with specialty planters from the Chihuahuan and Mojave Deserts.
These areas cannot be maintained by contracted employees.

Most sites have athletic fields. Are you going to allow contracted employees to maintain them?

Many companies that do public maintenance have a tendency to make high use of hedgers for trees and shrubs. This is an unacceptable horticultural practice and is not good for the overall health of the shrub or tree. Will they come back after hours to fix breaks in irrigation? Will they come back after hours to clean up after storms? They are thinking of time only and will not properly maintain the landscape.

There are several types of grounds equipment that contracted employees cannot operate per MCCCD policy. These might include chipper/shredders, JD lawnmowers, tractors, street sweepers, and other large, motorized equipment.

You face the same issues as the custodial department in regards to inspections and inventory of equipment.

All of the above listed issues need to be considered before outsourcing M&O departments. As stated before, there is more to being a groundskeeper or custodial than knowing how to run a mower or push a broom.

President Clark asked the Chancellor if he wished to comment on this. Chancellor Glasper responded that he would follow-up on this as he was unaware this was going to be presented this evening. There are choices that will need to be made with budget cuts and decisions to be made would be tough ones. Governing Board Member Debra Pearson commented that it was her understanding no decisions of this nature would be made until efficiency study results were in. Stated she was interested in finding out how much of this was being fulfilled.

VICE CHANCELLOR REPORTS
Vice Chancellor of Resource Development and Community Affairs Dr. Steve Helfgot called attention to invitations to the dedication of the Maricopa Community Colleges Foundation Donor Wall, on Thursday November 19, 2009 at 5:30 PM, in the Community Room, at the Foundation Building. The donor wall recognizes, in a permanent installation 105 donors who have made gifts to the Foundation of $50,000 to $1million or more, totaling more than $34 million. It also recognizes, on an interactive video screen, another 1675 donors to the Foundation who have given at least $1000, totaling another $6.5 million.
On behalf of the Foundation Board it was his pleasure to invite everyone to join them in this recognition of their individual, corporate and institutional donors who have helped to build their Foundation, demonstrated continuing support for the Maricopa Community Colleges and—most importantly—have provided more than $15 million in scholarship support to Maricopa students, over the years. He indicated that they all look forward to seeing everyone on November 19.

COLLEGE REPORTS

The following reports were made:

Glendale Community College President Dr. Velvie Green presented a Faculty Emeritus Distinction Certificates to Jane Camp, English Faculty for over twenty years, and Virginia Ludders, Theatre Professor for over twenty years. Five other faculty members from Glendale Community College were also honored with Faculty Emeritus Distinction, however, were not present to receive their certificates.

Phoenix College President Dr. Anna Solley introduced Eileen Archibald, Director of Institutional Advancement at Phoenix College, who provided an overview and demonstration of their E-Zine Online Program which provides their students with an highly interactive look at schedules, registration, Facebook, Twitter, the Phoenix College Blog, Information about Phoenix College, and step-by-step information on what to do before classes begin. To date they have had over 25,000 visits to the website.

Rio Salado College President Dr. Linda Thor provided information on the recent grand opening of the Communiversity in the West Valley. She prefaced a short video with the following remarks:
It is my pleasure to share with you news about a wonderful community college partnership. This Fall, the newly-opened Communiversity at Surprise is bringing dynamic educational opportunities to West Valley residents. Rio Salado is proud to be the host college for this new model of higher education, which is located at the new Civic Center Complex for the City of Surprise.

This Communiversity is the first of its kind west of the Mississippi River. As its name implies, it combines the best features of community colleges and universities, and it also offers a high school component. Our primary partner is the City of Surprise, which donated the land for construction. Rio’s sister college collaborators are Phoenix College and Glendale Community College.

During the dedication ceremony two weeks ago, I joined the Mayor and the City Manager of Surprise, officials from our three university partners, and West-MEC, our high school collaborator. At this time, I would like to thank Dr. Maria Harper-Marinick for her remarks on behalf of the Maricopa Community Colleges. Also present were Presidents Anna Solley and Velvie Green.

The four minute video you are about to see describes the Communiversity in further detail. As you watch, please note the state-of-the-art technology, designed to equip students for 21st century success.

In conclusion, the Communiversity represents excellent stewardship of taxpayer dollars. Funding was generated through general obligation bonds passed by voters in 2004. I can tell you that the residents of Surprise and the surrounding communities have embraced the Communiversity, and Maricopa can proudly add it to our extensive list of educational accomplishments.

AADGB REPORT
Governing Board Member Jerry Walker, AADGB Representative, commented there was nothing to report this month. He also spoke briefly about his 5013C organization that has been formed to assist combat veterans and indicated there was need for people who wanted to help with this effort.

LEGISLATIVE UPDATE
Chancellor Glasper introduced Dr. Bernie Ronan, Associated Vice Chancellor for Public Affairs. Dr. Ronan introduced Patricia Hill who recently assumed the position of Director of State and Local Government Relations. Ms. Hill provided the following legislative update:
I am here this evening to provide you with a brief update on legislative issues. The first topic is the anticipated Special Session to address the budget shortfall. The second topic is the current status of state revenues.

With respect to the Special Session, it appears that the Governor will issue a call for a Special Session sometime before Thanksgiving. The purpose of the Special Session will be to be to address shortfalls within the recently adopted 2009-2010 budget. However, it is unclear at this time whether the Legislature will be asked to address the budgets of smaller agencies, such as the Corporation Commission and the Department of Revenue, that are facing significant and relatively immediate budget impacts, or whether it will be broader in scope and address the deficit for the 2009-2010 budget.

Regarding the status of the budget deficit for the current fiscal year, as of Friday, October 23, the deficit is estimated to be approximately $2 billion. For the State to collect the estimated $7.1 billion, revenues would have to increase by almost one percent over last year. However, collections are down 16 percent after the first three months.

I would be happy to try to answer any questions that you may have.

AWARDS AND RECOGNITIONS
There were no awards or recognitions.

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

MOTION NO. 9614
Governing Board Member Jerry Walker moved that agenda be approved. Motion approved 5-0.

President Clark requested approval of the Consent Agenda.

The following items were included on the Consent Agenda:

A.1 APPROVAL OF THE SEPTEMBER 22, 2009 MEETING WITH MEMBERS OF CONSUSLTING TEAM FOR THE HLC COMPLAING, THE SEPTEMBER 22, 2009 REGULAR GOVERNING BOARD MEETING, THE SEPTEMBER 30, 2009 SPECIAL GOVERNING BOARD MEETING, AND THE OCTOBER 14, 2009 SPECIAL TELECONFERENCED GOVERNING BOARD MEETING

B.1. APPROVAL OF EMERITUS DISTINCTION – SOUTH MOUNTAIN COMMUNITY COLLEGE - award Faculty Emeritus Distinction to Ms. Jill R. Seymour, Librarian Faculty, South Mountain Community College.

B.3. APPROVAL OF EMERITUS DISTINCTION – GLENDALE COMMUNITY COLLEGE - award Faculty Emeritus Distinction to:

Dr. Ann Brandt-Williams, Psychology
Ms. Jane Camp, English
Ms. Leanna DeMarco, Dance
Ms. Dianna Dwyer, Library
Ms. Frederica Johnson, English
Ms. Virginia Ludders, Theatre
Dr. Holly McKinzie Beene, Communications

C.1. CONSIDERATION OF EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.2. CONSIDERATION OF SPECIALLY FUNDED EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.3. CONSIDERATION OF SHORT TERM EMPLOYMENTS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

C.4. CONSIDERATION OF SEPARATIONS - approve the following personnel actions as proposed. Budget approvals have been granted and are on file for the recommended personnel actions in this item.

D.1. APPROVAL OF PROPOSED CURRICULUM PROGRAM AND COURSES - approve the proposals be approved as submitted.

D.2. APPROVAL OF U.S. DEPARTMENT OF EDUCATION TITLE V: DEVELOPING HISPANIC-SERVING INSTITUTIONS PROGRAM – PHOENIX COLLEGE - accept the awards for Year Two of a five-year grant from the United States Department of Education awarded to Phoenix College for the Title V, Developing Hispanic-Serving Institutions Program. The grant fiscal year is from October 1 – September 30.

D.3. APPROVAL OF U.S. DEPARTMENT OF EDUCATION TITLE V: DEVELOPING HISPANIC-SERVING INSTITUTIONS PROGRAM – GATEWAY COMMUNITY COLLEGE - approve Year 1 of the U.S. Department of Education grant awarded to GateWay Community College, in the amount of $563,629 for funding period October 1, 2009 – September 30, 2010, for the Title V project entitled: Student Success: Starting Strong and Staying on Track. With this award, GateWay Community College is newly designated as a Hispanic Serving Institution.

D.4. APPROVAL OF IGNITE TOBACCO PREVENTIN PROGRAM - accept the Intergovernmental Agreement (IGA) between the Maricopa County Community College District (MCCCD) and the Maricopa County Department of Public Health, Maricopa County Tobacco Use Prevention Program (MACTUPP) in the amount of $35,620 for IGNITE Program tobacco prevention activities. The IGA will conclude on May 1, 2010.

D.5. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND TUCSON UNIFIED SCHOOL DISTRICT – SC - approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Tucson Unified School District on behalf of Palo Verde Magnet, Rincon, Tucson Magnet, Sahuaro and Pueblo Magnet High Schools for the 2009-2010 fiscal years. This agreement is for training and support services for certain SC* curriculum to be provided to the five (5) aforementioned high schools as Cisco Local Academies for an annual participation fee of $2,500.00.

D.6. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND TUCSON UNIFIED SCHOOL DISTRICT – CCNA - approve an Intergovernmental Agreement between Mesa Community College (Regional Academy) and Tucson Unified School District on behalf of Palo Verde Magnet, Rincon, Tucson Magnet and Sahuaro High Schools for the 2009-2010 fiscal years. This agreement is for training and support services for the CCNA* curriculum to be provided to the four (4) aforementioned high schools as Cisco Local Academies for an annual participation fee of $4,800.00.

D.7. APPROVAL OF CHRYSLER TRAINING CENTER (FORMERLY UNDER GENERAL MOTORS TRAINING CENTER) – GLENDALE COMMUNITY COLLEGE - approve an amendment of the Raytheon contract agreement in the amount of $86,250 to the Raytheon contract agreement dated April 28, 2009, which provides technical training and assessment for General Motor’s dealership automotive technicians throughout the state. This amendment pertains to the facilities at Glendale Community College. This amended contract agreement is between Raytheon Professional Services, on behalf of Chrysler Corporation and the Maricopa Community College District through THE INSTITUTE for Business, Industry and Technology at Glendale Community College. The contract period will be from June 25, 2009 – December 31, 2011.

D.8. APPROVAL OF MESA CLIP (COMMUNITIES LEARNING IN PARTNERSHIP) GRANT – MESA COMMUNITY COLLEGE - accept an award for a grant pending final approval from the Bill and Melinda Gates Foundation, and the National League of Cities (NLC) for the amount of $250,000 given to Mesa Community College for the Communities Learning in Partnership (CLIP) project. These funds will support a Planning grant in partnership with the City of Mesa, Mesa Public Schools and Mesa Community College.

E.1. APPROVAL OF AGRICULTURAL LEASE FOR VACANT LAND – SOUTH MOUNTAIN COMMUNITY COLLEGE - approve an agricultural lease on the 43 acre parcel located in the area of Laveen in the City of Phoenix, AZ, purchased for a future community college location. The lease is to John A.Vanderwey on an annual basis, January 1, through December 31, 2010 for an annual rent of $1,075.

E.2. APPROVAL OF AGRICULTURAL LEASE FOR VACANT LAND – ESTRELLA MOUNTAIN COMMUNITY COLLEGE - approve an agricultural lease on the 80 acre parcel located in Buckeye, AZ, purchased for a future community college location. The lease is to H Four Farm III, on an annual basis July 1, through June 30, for an annual rent of $3,200.

E.3. APPROVAL OF PARKING LOT USE AGREEMENT BETWEEN PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AND CHANDLER-GILBERT COMMUNITY COLLEGE - approve the Use License agreement between Phoenix-Mesa Gateway Airport Authority (PMGAA) and Chandler-Gilbert Community College (CGCC) for the use of the CGCC parking lot adjacent to PMGAA Lot 30 located at the southwest intersection of Texas Street and Sossaman Road in Mesa, Arizona. (See photo below Exhibit A).

E.4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN RIO SALADO COLLEGE AND THE TOWN OF QUEEN CREEK FOR THE CONSTRUCTION OF THE COMMUNIVERSITY @ QUEEN CREEK - approve the intergovernmental agreement with the Town of Queen Creek that allows Rio Salado to design, build and operate a building located on Town property. The facility and its operation are patterned after the College’s Communiversity @ Surprise.

E.5. APPROVAL OF CONTRACT AWARD FOR BLEACHER REPLACEMENT AT GLENDALE COMMUNITY COLLEGE AND SOUTH MOUNTAIN COMMUNITY COLLEGE - approve a contract award in the amount of Two Hundred Thirty Three Thousand, Three Hundred Eleven & 21/100ths Dollars ($233,311.21) to Jokake Construction to provide bleacher replacements at Glendale and South Mountain Community Colleges.

MOTION NO. 9615
Dr. Campbell moved for approval of the Consent Agenda. Motion approved 5-0.

B.1. APPROVAL OF GOVERNING BOARD REVIEW OF LEVEL 5 GRIEVANCE - review the pending grievance submitted by Michele Kuhn, as well as the evidence in connection with such grievance.

MOTION NO. 9616
Mr. Walker that the Governing Board having reviewed the evidence in this matter, vote to deny the grievance and adopt the level 4 decision as the Board’s final decision. Motion approved 3-2 (Campbell and Pearson – nay).

VI.A.1. APPROVAL OF FLEX BENEFIT PROGRAM RFP 2899-5 – DISABILITY INSURANCE RFP 2924-5 – GROUP LIFE/AD&D INSURANCE - approve award and implementation of RFP 2899-5 for disability insurance to Metropolitan Life Insurance Company and RFP 2924-5 for group life and AD&D insurance to Aetna Life Insurance Company effective July 1, 2010. Per state regulations, these programs are contracted for five years and are reviewed and renewed annually.

MOTION NO. 9617
Dr. Campbell moved for approval of Item VI.A.1. Motion approved 5-0.

VI.B.1. APPROVAL OF GMP AMENDMENT TWO FOR THE REMODELING OF THE Q BUILDING AT PARADISE VALLEY COMMUNITY COLLEGE - approve GMP Amendment Two in the amount of Three Hundred Fifteen Thousand Six Hundred and Thirty Seven Dollars & Zero Cents ($315,637.00) to Jokake Construction Company for the early purchase of air handling equipment and the design and construction of both the fire protection and fire alarm systems.

MOTION NO. 9618
Mrs. Pearson moved that Item VI.B.1 be approved. Motion approved 5-0.

VI.B.2. APPROVAL OF CONSULTANT SELECTION FOR A NEW INTEGRATED EDUCATION BUILDING (IEB) AT GATEWAY COMMUNITY COLLEGE - approve the selection of SmithGroup
to provide consulting services for the new Integrated Education Building project at GateWay Community College, with a design fee of not to exceed $3,999,580.

MOTION NO. 9619
Mr. Lumm moved that Item VI.B.2 be approved. Motion approved 5-0.

VI.B.3. APPROVAL OF CONSULTANT SELECTION FOR THE MARICOPA SKILL CENTER EXPANSION AND REMODEL PROJECT - approve the selection of Gould Evans Associates to provide architectural and engineering consulting services, with a fee budget not to exceed $1,800,000 for the expansion and renovation of the Maricopa Skill Center.

MOTION NO. 9620
Dr. Campbell moved that item VI.B.3 be approved. Motion approved 5-0.

VI.B.4. APPROVAL OF 2009-10 DISTRICT PROPERTY AND
CASUALTY INSURANCE PROGRAM RENEWAL - approve the
renewal of our property and casualty insurance policies for all lines per the
attached schedule for the period of November 1, 2009 to November 1, 2010.

MOTION NO. 9621
Dr. Campbell moved that the Board approve Item VI.B.4. Motion approved 5-0.

FIRST READINGS/INFORMATION ITEMS
VII.A PROPOSED AMENDMENT – BOARD OPERATIONS POLICY TITLE – RULES OF ORDER - adopt proposed changes to the Rules of Order Section of its Board Operations Policy Title.

Mr. Lumm commented that he supported this item. Motions should be seconded indicating that two people agreed on items brought forth for approval. He also encouraged that calling for the question and being approved by four board members would cause the discussion on any item to cease.

VII.B APPROVAL ALL EMPLOYEE POLICY MANUAL – DUE PROCESS HEARINGS - add a policy to the MCCCD All Employee Policy Manual establishing a procedure for due process hearings.

VII. MONITORING REPORTS
(VII.A.)
BUDGET ANALYSIS REPORT SUMMARY
FUND 1 – GENERAL UNRESTRICTED FUND
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2009

Expenditure analysis indicates 19.0% of the budget has been expended this year as compared to 19.7% expended at this same point in time last year. 37.8% of the budget remains unexpended or unencumbered compared to 35.1% in the prior year. Revenue analysis indicates that $158.5M 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 $122.8M.

(VII.B.)
BUDGET ANALYSIS REPORT SUMMARY
FUND 1 – GENERAL UNRESTRICTED FUND
FOR THE TWELVE MONTHS ENDED JUNE 30, 2009 - FINAL

Expenditure analysis indicates 87.3% of the budget was recognized this year as compared to 91.0% expended at this same point in time last year. 12.7% of the budget remained unexpended or unencumbered at year end compared to 9.0% in the prior year. Revenue analysis indicates that $574.0M of the budget was recognized. The projected fund balance increased by $20.2 million this fiscal year and the projected ending fund balance for June 2009 was $122.2M.

(VII.C.)
2004 GENERAL OBLIGATION BONDS
SERIES A (2004), SERIES B (2007), AND SERIES C (2009
2004 CAPITAL DEVELOPMENT PLAN SUMMARY
AS OF SEPTEMBER 30, 2009

As of September 30, 2009, $440.0 million, representing approximately 68% of proceeds from the Series A, Series B, and Series C issuances of the 2004 bond, have been expended, encumbered or reserved for specific purposes. Bond proceeds are invested until expended. As of September 30, 2009 the net uncommitted balances on outstanding GO Bonds are categorized as follows:

2004 GO Bond Remaining Balance
Bond Proceeds $210.3 million
Interest $20.8 million

Remaining earnings are invested and will be used for future debt service or capital projects.

NEXT BOARD MEETING
President Clark announced that the next Governing Board Meetings
would be a Board Retreat on November 6, 2009, a Monitoring
Retreat on November 10, 2009 at 6:30 p.m., a Regular
Board Meeting on November 24, 2009 at 6:30 p.m. and a Special Board Meeting on December 9, 2009 for the final report of A&M.


ADJOURNMENT
The meeting adjourned at 7:57 p.m.

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Randolph Elias Lumm
Governing Board Secretary