Minutes 11/24/2009

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT
GOVERNING BOARD
NOVEMBER 24, 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
Lee Combs
Paul Dale
Shouan Pan
Ken Atwater
Ernie Lara
Gene Giovannini
Linda Thor
Linda Lujan
Jan Gehler
Jean Ann Abel for Velvie Green

CALL TO ORDER
The regular meeting was called to order at 6:38 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 Debra Pearson.

SUBSTITUTE ANNOUNCEMENTS, AND CLASS ACKNOWLEDGEMENTS
Students from the ASU HED691 Class taught by Dr. Maria Hesse were present.

CITIZEN'S INTERIM
No citizens came forward.

BOARD MEMBER REPORTS
Governing Board Member Randolph Lumm reported that he recently toured the Black Mountain Campus and had an excellent visit. He also visited with Glendale Community College President Dr. Velvie Green.
Governing Board Member Don Campbell read the following statement: “At last month’s board meeting (October 27, 2009) I rendered a vote of “nay” on Action Item V.B.2, approval of Governing Board Review Of Level 5 Grievance. I would like to go on record that I misunderstood the motion made by Governing Board Member Jerry Walker which stated “I move 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.
My intention was to support the Chancellor’s decision in the matter and therefore I wanted it noted that my vote is changing to "aye."
(Note: General Counsel Lee R. Combs commented that once a vote is cast, it cannot be changed; however, the statement can be included in the minutes.)

Governing Board Member Jerry Walker announced that he had in his possession on the life of fellow board member Don Campbell. He stated the title, “Tough Life, So What – Move Beyond the Struggle” was reflective of the quiet desperation many lives have.

Governing Board Member Debra Pearson thanked faculty and staff for presentations they have made the past few months about research that is going on. Questions and answers were very informative and would have been most helpful at the time new board members came on board. She would recommend changing the timing of these presentations. Mrs. Pearson expressed appreciation to Chancellor Glasper for the support he offered on the loss of her niece’s baby.

Governing Board Member Don Campbell expressed appreciation for the book provided by Phoenix College President Anna Solley on the life of Raul Castro, former Governor of Arizona.

CHANCELLOR'S REPORT
Chancellor Glasper reported on two items. He announced that two Maricopa Community Colleges are involved in Bill and Melinda Gates Foundation planning grants worth approximately $250,000 each. Mesa Community College, in partnership with the City of Mesa and the Mesa Public Schools, received one, and the City of Phoenix, Phoenix Union High School District and Phoenix College received the other. Phoenix College is that city’s lead community college, but GateWay and South Mountain Community Colleges and Rio Salado College also will be involved in the effort. The grants are part of a Gates Foundation effort to increase the college participation of underrepresented populations. The grants represented the only instance in which the Gates Foundation provided more than one grant to communities served by a single community college district. Dr. Glasper also announced that GateWay Community College had an opportunity to host Jill Biden, wife of Vice President Joseph Biden, and community college professor in her home state. She toured GateWay Community College and visited the college's health care programs and Early College High School. The Vice President attended two public events, including a fund raiser, and at Sky Harbor International Airport while Jill Biden visited GWCC. They left the state together later in the day from Sky Harbor. Mrs. Biden did not offer remarks during her 90-minute visit to GWCC, though she did interact extensively with students and faculty. An English instructor at a community college in Virginia, Jill Biden visited GateWay's respiratory therapy classroom and simulation, the surgical technology operating suite, and the nursing simulation lab. She also visited with students from GateWay's Early College High School who had gathered for a senior class yearbook photo.

Chancellor Glasper introduced Lee Combs, the District’s new General Counsel. Mr. Combs has joined the District from Colorado, where he had extensive experience working with educational institutions.

SECRETARY'S REPORT
There was no report.

FACULTY REPORT
Faculty Executive Council President Jim Simpson announced that there would be no report this evening.

EMPLOYEE GROUP REPORTS
There were no reports.

VICE CHANCELLOR REPORTS
There were no reports.

COLLEGE REPORTS

The following reports were made:

Mesa Community College President Dr. Shouan Pan commented that as the colleges continue to work with different students in many different social technologies, it was their decision to contract with Content Connections to determine how students use social media to conduct their studies. Social media has redefined how people communicate and Mesa Community College was interested in surveying students and parents about the use of these media tools and how they felt about MCC. Mr. David Brake, CEO of Content Connections, came forward and provided a presentation on the findings. A copy of their executive summary is included with these minutes.

Rio Salado College President Dr. Linda Thor announced that Rio Salado College had been the recipient of two First-Place awards in the 2009 Best of the West Competition sponsored by Westmarc. These awards recognized outstanding contributions to the image, lifestyle, and economic development of the West Valley. The first award was in the category of Higher Education and recognized the Communiversity at Surprise as a community point of pride. They shared this award with their municipal partner, the City of Surprise and two of their other higher education partners, Glendale Community College and Phoenix College. Their second award was in the category of Service to Communities and is for a partnership that identifies new ways to build and serve communities in Surprise. It recognized the architectural linking by bridge of the Rio Salado Lifelong Learning Center and Interfaith Community Care made possible by the efforts of City of Surprise. This is the second time that the Lifelong Learning Center has won a Best of the West Award.

Phoenix College President Dr. Anna Solley reported that The Raul Castro Institute at Phoenix College hosted a book-signing ceremony Oct. 29 featuring former Arizona Gov. Raul Castro, who co-authored the book, “Adversity is My Angel.” Institute Director Maria Enciso said the event was well-attended, as was another Institute activity, a clinic to provide H1N1 vaccine to more than 900 members of the community. More than 40 PC nursing students volunteered to staff the clinic.

STUDENT LIFE REPORTS
Associated Student Government Officers from Paradise Valley Community College in attendance were: Yolie Ochoa, Jeremy Bowker, Derick Crowell, and Tiffany Torres. The students reported on leadership training they had participated in, as well as community activities, club activities and United Way Campaign fundraising events held.

AADGB REPORT
Governing Board Member Jerry Walker, AADGB Representative, reported that the organization had met on November 12 at the District Office. Members discussed baccalaureate degrees being offered at the community colleges in order to provide even more students this opportunity. Mr. Walker also mentioned that he had heard about homeless vets coalition at South Mountain Community College. Dr. Atwater, President of SMC, responded that his college is enhancing services to veterans and proud of the services they currently provide.

LEGISLATIVE UPDATE
Patricia Hill, Director of State and Local Government Relations for Maricopa, provided the following legislative report.

I am here this evening to provide you with a brief update on legislative issues related to the budget. The topic of this update is the recent Special Session. Last month, I reported that the Governor was expected to issue a call for a Special Session to address budget issues prior to the Thanksgiving holiday. The call was issued last week and the Special Session began on November 16th. It concluded yesterday at approximately 3:30 p.m.

At the October Board meeting, it was unclear whether the purpose of the Special Session would be to address the budgets of smaller agencies, such as the Corporation Commission and the Department of Revenue, or whether it would be broader in scope and address the deficit for the 2009-2010 budget.

The Legislation that was passed during the Special Session did provide non-General Fund sources of revenue to the smaller agencies most affected by recent budget cuts. Access to fund sources not currently available was granted to the Department of Revenue and the statutory authority to increase fees was granted to the Corporation Commission. The Legislature also began to address the 2009-2010 short fall by reducing the 2009-2010 General Fund appropriation by approximately $300 million, with $144,000,000 coming out of the K-12 appropriation and the balance from DES.

The Legislature anticipates another Special Session sometime in December to continue to address the budget deficit for the current budget year.

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

AWARDS AND RECOGNITIONS
GateWay Community College President Dr. Gene Giovannini announced that GateWay Community College’s Early College High School had been named the 2009 recipient of the Arizona Commission on Postsecondary Education’s “Pathways to Higher Education Award” for its outstanding College Access Program, the Governing Board was told during its November meeting. GateWay Early College High School is located on the GateWay campus and offers classes that enable students to earn community college credits along with their high school diplomas. GWCC representatives in attendance were Lisa Smith, Joel Laurin, Karen Hawkes, Maria Bracamontes, Danny Vingochea, C.J. Mehall, Ericka Nichols, Moises Serrano, Gerardo Laris, Shaquira Adebule, Gino Peralta and Luisa Cuero.

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

MOTION NO. 9622
Governing Board Member Dr. Don Campbell moved that agenda be approved. Jerry Walker seconded. 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 OCTOBER 27, 2009 REGULAR GOVERNING BOARD MEETING AND THE NOVEMBER 6, 2009 GOVERNING BOARD RETREAT

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 STUDENT SUPPORT SERVICES PROGRAM – PHOENIX COLLEGE - accept an award for a fifth year of funding from the US Department of Education in the amount of $174,071.00 to Phoenix College for the Student Support Services Program. Year five project funding will be for the period September 1, 2009 through August 31, 2010. This is an additional year granted beyond the four-year grant cycle.

D.3. APPROVAL OF AGREEMENT FOR DUAL ENROLLMENT WITH PRIVATE SCHOOL - authorize entry into an agreement on behalf of its colleges with the charter school listed below for their dual enrollment program.

Charter School
Paradise Honors High School

D.4. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN MESA COMMUNITY COLLEGE AND YAVAPAI AND COUNTY COMMUNITY COLLEGE DISTRICT - approve an Intergovernmental Agreement between Mesa Community College (CATC) and Yavapai County Community College District for the 2009-2010 fiscal years. This agreement is for training and support services for the SC* curriculum to be provided to Yavapai College as a Cisco Regional Academy for an annual participation fee of $500.00.

D.5. APPROVAL OF DEPARTMENT OF EDUCATION TITLE V – STRENGTHENING HISPANIC INSTITUTIONS GRANT AWARD FOR ESTRELLA MOUNTAIN COMMUNITY COLLEGE - accept Year 2 (October 1, 2009 and expires September 30, 2010) of a $2.8 million Department of Education Title V - Strengthening Hispanic Institutions Grant award for Estrella Mountain Community College. The 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.6. APPROVAL OF U.S. DEPARTMENT OF EDUCATION TITLE V: STUDENT SUCCESS IN NURSING AND SCIENCE BASED EDUCATION PROGRAM – SOUTH MOUNTAIN COMMUNITY COLLEGE - approve Year Five of a five-year grant from the United States Department of Education for the Title V Hispanic-Serving Institutions Program. The cooperative grant is entitled “Student Success in Nursing and Science Based Education.” SMCC serves as fiscal agent and GWCC is a partner. The grant fiscal year is from October 1 – September 30. 
Year Five (10/1/2009 – 9/30/2010) $849,387

D.7. APPROVAL OF AMENDMENT TO IGNITE TOBACCO PREVENTION PROGRAM - accept an amendment to 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) for IGNITE Program tobacco prevention activities, which was board approved on October 27, 2009. The IGA will conclude on May 1, 2010. The amendment to the Intergovernmental Agreement will provide additional grant funding in the amount of $5,089 from Maricopa County Department of Public Health for Scottsdale Community College.

D.8. APPROVAL OF PROPOPSITION 301 WORKFORCE DEVELOPMENT AND JOB TRAINING ANNUAL REPORT – FY 2008-2009 - accept the attached Proposition 301 Workforce Development and Job Training Annual Report for Fiscal Year 2009. This annual report has been developed in accordance with the requirements of the Arizona Revised Statutes. In accordance with the amended statute, a report must be submitted annually on its workforce development plan, activities and expenditures.

E.1. APPROVAL OF LEASE BETWEEN AZ SWIMMING GAUCHOS (ASG) AND GLENDALE COMMUNITY COLLEGE (GCC) - approve a lease to the Arizona Swimming Gauchos under which it will operate the swimming pool at Glendale Community College. The lease term runs from December 1, 2009 through December 31, 2010.

E.2. APPROVAL OF OPTION TO SELL SMALL PARCEL OF CHANDLER-GILBERT COMMUNITY COLLEGE LAND - approve the option to sell an approximately 1/10 acre parcel of Chandler-Gilbert Community College land, located on the southeastern corner of Pecos and Gilbert Roads, in Chandler, Arizona, to DeRito Partners and KIMCO. The sale price for this property is $31,114 ($7.12 per square foot) minus closing costs.

E.3. APPROVAL OF FACILITIES USE AND SERVICES AGREEMENT BETWEEN CGCC AND THE LEADERSHIP CENTRE - approve the Facilities Use and Services Agreement between Chandler-Gilbert Community College and The Leadership Centre for the period of December 1, 2009 to June 30, 2010

E.4. APPROVAL OF CONTRACT AWARD FOR RESURFACING OF RUNNING TRACKS AT GCC AND MCC - approve awarding a contract in the amount of Two Hundred Twenty Five Thousand Four Hundred Five and no/100ths dollars ($225,405.00) to Sunland Asphalt for resurfacing of running tracks at Glendale Community College and Mesa Community College.

E.5. APPROVAL OF SRP EASEMENT FOR OUTDOOR SIGN AT DISTRICT OFFICE WOOD STREET LOCATION - grant an easement to Salt River Project (SRP) to install and maintain electrical facilities for an existing billboard at the District’s Wood Street facility.

E.6. APPROVAL OF ABROGATION OF PROPERTY TO THE CITY OF MESA FOR THE CONSTRUCSTIN OF THE CAMPUS LOOP ROAD EAST AT CHANDLER-GILBERT COMMUNITY COLLEGE WILLIAMS CAMPUS - authorize the abrogation and deed of property to the City of Mesa at the Chandler-Gilbert Community College Williams Campus for the construction the Campus Loop Road East.

E.7. APPROVAL OF LAND EXCHANGE WITH ASU POLYTECHNIC AT CHANDLER-GILBERT COMMUNTY COLLEGE WILLIAMS CAMPUS - authorize the acceptance of approximately .494 acres from Arizona State University at the Polytechnic campus in exchange for the construction of a new roadway connecting Tahoe Avenue to Avoca Street.

E.8. APPROVAL OF CITY OF PHOENIX EASEMENT FOR THE COMMUNITY LIBRARY AT SOUTH MOUNTAIN COMMUNITY COLLEGE - approve the abandonment of a portion of a public water line and grant a new easement to the City of Phoenix to maintain water service facilities for the new Community Library at South Mountain Community College.

MOTION NO. 9623
Jerry Walker moved for approval of the Consent Agenda. Randolph Lumm seconded. Motion approved 5-0.

V.B.1. APPROVAL OF PROPOSED AMENDMENT – BOARD OPERATIONS POLICY TITLE – RULES OF ORDER - adopt proposed changes to the Rules of Order Section of its Board Operations Policy Title. The proposed amendments are meant to provide clarity to the Rules of Order when addressing items on the agenda that require action. The amendments establish additional instruction for facilitating discussion by Board Members, as well as direction for carrying out motions.

MOTION NO. 9624
Mr. Lumm moved for approval of the amendment to the Board Operations Policy Title – Rules of Order which are meant to provide clarity to the Rules of Order when addressing items on the agenda that require action. The amendments establish additional instruction for facilitating discussion by Board Members, as well as direction for carrying out motions. Motion approved 5-0.

Discussion: Mrs. Pearson requested that the policy be further amended to include that special meetings may only be called by unanimous consent of the Board and clarify which special meetings can be called. Mr. Walker indicated he has not always been able to attend meetings and it has not stopped board business from being conducted. Mr. Lumm moved that that the current amendment be approved and that the concerns expressed by Mrs. Pearson be considered as a further proposed amendment since the Board can only approve what has been posted and noticed. General Counsel Lee Combs was asked to render legal opinion. Mr. Combs stated that state law requires that action of the board should be approved by a quorum and there are no requirements for a super majority. Assistant General Counsel Margaret McConnell provided further comments that the law relating to this allows the Board President or three members to have authority to call a special meeting. Mrs. Pearson stated that the law states that this is the minimum that can be required for calling special meetings but the Board can make it more restrictive. Ms. McConnell responded it can be more restrictive. Mrs. Pearson stated that the intent is to put it on an agenda and make it more public to the community.

V.B.2. APPROVAL OF ALL EMPLOYEE POLICY MANUAL – DUE PROCESS HEARINGS - add a policy to the MCCCD All Employee Policy Manual establishing a procedure for due process hearings.

MOTION NO. 9625
Mr. Lumm moved for approval of Item V.B.2. Motion approved 5-0.

VI.A.1. APPROVAL OF CMAR SELECTION FOR THE NEW INTEGRATED EDUCATION BUILDING AT GATEWAY COMMUNITY COLLEGE - approve the selection of CORE Construction to provide Construction Manager at Risk (CMAR) services for the new Integrated Education Building (IEB) project at GateWay Community College, with a pre-construction phase fee of $255,750.00, including reimbursable expenses.

MOTION NO. 9626
Mr. Walker moved that Item VI.A.1 be approved. Motion approved 5-0.

VI.A.2. APPROVAL OF CONTRACT AWARD FOR CENTRAL PLAN EXPANSION AT GATEWAY COMMUNITY COLLEGE - award approve a contract award in the amount of Nine Hundred Twenty-One Thousand One Hundred Forty-Eight and no/100ths Dollars ($921,148.00) to Premier Mechanical Corporation for Central Plant Expansion at GateWay Community College.

MOTION NO. 9627
Mr. Lumm moved that Item VI.A.2 be approved. Motion approved 5-0.

VII.A PROPOSED AMENDMENT – MARICOPA GOVERNANCE POLICY – GOVERNANCE PRODESS – PRESIDENT’S ROLE - adopt a revision to the “President’s Role” policy to provide for the Secretary to exercise the President’s authority during the absence or disability of the President.

MONITORING REPORTS
(VIII.A.) 
BUDGET ANALYSIS REPORT SUMMARY
FUND 1 – GENERAL UNRESTRICTED FUND
FOR THE FOUR MONTHS ENDED OCTOBER 31, 2009

Expenditure analysis indicates 25.6% of the budget has been expended this year as compared to 26.8% expended at this same point in time last year. 35.9% of the budget remains unexpended or unencumbered compared to 33.4% in the prior year. Revenue analysis indicates that $296.7M 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.

NEXT BOARD MEETING
President Clark announced that the next Governing Board Meetings would be a Regular Board Meeting on December 8, 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 7:37 p.m.

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Randolph Elias Lumm
Governing Board Secretary