METROPOLITAN COMMUNITY COLLEGE AREA BOARD OF GOVERNORS MEETING MINUTES AUGUST 23, 2016

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1 Page 1 of 12 METROPOLITAN COMMUNITY COLLEGE AREA BOARD OF GOVERNORS MEETING MINUTES AUGUST 23, 2016 A meeting of the Board of Governors of the Metropolitan Community College Area was called to order at 6:30 p.m., in Building #21, the Mule Barn, Fort Omaha Campus, 32 nd Street and Sorensen Parkway, Omaha, Douglas County, Nebraska. MEMBERS PRESENT Brad Ashby, Treasurer Tim Dempsey Kara Eastman, Secretary Roger Garcia, Chair Steve Grabowski Ron Hug, Vice Chair Phillip Klein Linda McDermitt Michelle Nekuda Al Cox, Ex Officio Faculty Juan Carlos Garcia, Student Ex Officio MEMBERS ABSENT Fred Conley James Monahan Also Present: Randy Schmailzl, College President. MOTION: Hug moved to excuse Monahan; Grabowski seconded the motion. Nekuda, yes Motion carried. Agenda Item 1d Announcement of Posted Location of Open Meetings Act Following the Pledge of Allegiance, the Chair reported that a copy of the Nebraska Open Meetings Act had been posted at the back of the room. A copy was made available for public inspection.

2 Page 2 of 12 Agenda Item 1e Approval of Notice of Public Meeting The Chair then reported on the Notice of Public Meeting and presented the following: 1. Proof of Publication, pursuant to Policy of the Board of Governors, in the form of an affidavit of an employee of the Omaha World-Herald, to the effect that notice of this meeting was published in that newspaper on August 12, 2016; and 2. Affidavit of College employee Pauline Laughlin to the effect that a copy of the published Notice of Meeting was transmitted to each member of the Board of Governors in a manner specified by Policy of the Board of Governors. The notice of the meeting stated that an agenda for this meeting, kept continually current, was available for public inspection at the principal office of the Board of Governors, Building No. 30, 30th and Fort Streets, Omaha, Nebraska, during normal business hours. Without objection, the Chair of the Board ordered that the affidavits be attached to the minutes of the meeting and made a part of the official proceedings of the Board of Governors. Agenda Item 2 Public Comments There were no requests to address the Board. Agenda Item 3 Budget Update Agenda Item 3a Budget Discussion Schmailzl asked Gordon Jensen, Coordinator of Budget Projects, to present an overview of the budget process, timeline, trend lines and current status. Jensen noted that the final property valuations came in slightly lower than projections, and those adjustments would be evident on the final September budget information. Several questions were asked on the topic of enrollment as it relates to the budget. Jim Grotrian, Executive Vice President, noted numbers indicate MCC will not have much, if any, increase in enrollment. He also indicated the College anticipates some enrollment growth as the new buildings on the Fort Omaha Campus (FOC) are opened in the fall of In response to a question about state aid, Jensen noted that state aid supports the general fund. Schmailzl stressed that the state budget projections for this year and next are somewhat alarming and the College will need to monitor those developments in preparation for the next biennium, as shortfalls could have an impact on state aid. Schmailzl further noted that with increased square footage in place and increased staff and equipment, the fact that the general fund budget has remained static demonstrates hard work on behalf of the staff. Agenda Item 4 Public Hearing and Budget Action Agenda Items

3 Page 3 of 12 Agenda Item 4a Public Hearing for Proposed MCCA Board of Governors Budget Statement MOTION: Grabowski moved to open the public hearing; McDermitt seconded the motion. Nekuda, yes Motion carried. Garcia declared the public hearing open. Schmailzl noted property valuations are a little lower than anticipated and the tax rate will be set at the September 13 public hearing. The final budget will be presented to the Board for approval at the September 13, 2016 Board meeting. The Chair noted that after the hearing, the Board will consider the approval of an additional 1% restricted funds authority and carryforward to future years and the approval of possible amendments to the proposed budget at this meeting as well as at the September board meeting. There was no public input. MOTION: Hug moved to close the public hearing; McDermitt seconded the motion. Nekuda, absent from room Motion carried. The public hearing was considered closed.

4 Page 4 of 12 Agenda Item 4b Consideration of Resolution Approving an Additional 1% Restricted Funds Authority and Carryforward to Future, Board Doc Garcia explained this item is for the Board of Governors to consider approving an additional 1% restricted funds authority and carryforward to future years. BE IT RESOLVED that, pursuant to Neb. Rev. Stat. Section (2), the Board of Governors of the Metropolitan Community College Area hereby authorizes and approves exceeding the limit set forth in Neb. Rev. Stat. Section (1)(a) for the fiscal year beginning July 1, 2016, and ending June 30, 2017, by an additional one percent. FURTHER RESOLVED that the amount corresponding to said additional one percent shall be carried forward as unused restricted funds authority to be used in future budget years as determined by the Board of Governors in accordance with applicable law. FURTHER RESOLVED that the budget statement of the College Area for the fiscal year beginning July 1, 2016, and ending June 30, 2017, as finally adopted, shall incorporate and reflect all matters authorized and approved by this Resolution. Prior to filing and certifying the adopted budget statement of the College Area, the Secretary or Assistant Secretary of the Board shall be authorized to make such adjustments to the adopted budget statement and take such other actions as are necessary or appropriate to carry out the actions approved herein. Schmailzl noted that this resolution represents no immediate extra dollars from the state. The Resolution must be passed with 9 affirmative votes from the Board. He referenced the Resolution and the carryforward amount that will be submitted to the State. MOTION: Hug moved to approve the resolution; Nekuda seconded the motion. Discussion ensued on clarification of the 1% carry-forward resolution, which allows the College to accumulate potential budget use authority over time, to accommodate potential budget increases, which would otherwise be capped by state law. This additional budget authority allows local boards to make emergency or necessary adjustments to property tax, thereby allowing increasing of revenues over the otherwise capped maximum use levels. Vote on Agenda Item 4b: Nekuda, yes Motion carried with nine (9) yes votes.

5 Page 5 of 12 Agenda Item 5 Report Agenda Agenda Item 5a Ex Officio Board Members Reports There was no student ex officio report. Cox introduced Chris Beaty, Welding Technology Instructor, who introduced Dr. Coleen Stice, a local plastic surgeon. Together, they presented about a project Dr. Stice heads up to replace dangerous 3 stone cook fires in Guatemala and African nations with safe, efficient, and affordable stoves. Beaty s students helped develop a prototype that Dr. Stice uses in her local fundraising and advocacy work. Beaty commented on the positive experience of students who assisted with the stove project. He noted enrollment for the welding program is full for the fall quarter and a second class has been added at Fremont High School, for the third year in a row, which accommodates 27 Career Academy students in Fremont. In response to a question about the growth of the welding program, Beaty stated that welding is a part of many professions, so many students are looking for welding certifications as they train to be electricians, auto mechanics, plumbers and roles in construction. Often, these students are from local companies. Welding students are assisting in building partitions, welding tables and down draft tables for the new buildings on the Fort Omaha Campus. He commented that the welding program is looking forward to more space as the new buildings are completed. Agenda Item 5b Board Members Reports McDermitt reported on the Board of Governors Scholarships reception where recipients of the scholarship and their families were recognized. Agenda Item 5c Chair of the Board s Report Garcia noted that he has chosen to serve as the Board of Governors ex officio representative to the MCC Foundation Board of Directors for the remainder of the year. Garcia stated he has assumed the role Fred Conley had on The Association of Community College Trustees (ACCT) Awards Committee. Garcia intends to convene the Executive Committee and the Ad Hoc Committee to Review Executive Committee Policy, Ombudsperson Policies and 10,000 Level Policies prior to the next meeting.

6 Page 6 of 12 Garcia noted that the Board will have a vacancy on September 29, 2016, due to Fred Conley s resignation, and asked Bob Cannella to provide the Board members with guidance on how the vacancy should be filled. Garcia also reminded the Board that the September meeting is moved up each year to accommodate the budget approval process, with this year s regular meeting scheduled for September 13, Agenda Item 5d President s Report Schmailzl referred to the information provided in the Board materials. New Telephone System Update The new telephone system was implemented in late July with the new Nebraska area code of 531. All phone numbers listed in the catalog along with other important phone numbers are automatically forwarded. Follow-up with Federal Agencies Schmailzl referred to the follow-up with federal agencies that has been conducted since August 6, and noted the board will be updated regularly on the matter. Update on Sarpy County Property at Highway 50/370 Grotrian gave a brief overview of developments related to the new Sarpy County property. He indicated that he is working with Academic Affairs to possibly activate about 20 acres on the southwest corner for horticulture or utility line programming, as first steps on a slow, deliberate path toward developing that property. Agenda Item 5e Regular Reports Regular reports were included in the meeting materials. Agenda Item 6 Consent Agenda Items Agenda item 8f was removed from the consent agenda. Items remaining on the consent agenda are 8a, 8b, 8c, 8d, 8e, 8g, 8h, 8i and 8j. Agenda Item 8 Action Agenda Agenda Item 8a Consideration of Minutes of July 26, 2016 Board of Governors Meeting, Board Doc. 7307

7 Page 7 of 12 Agenda Item 8b Consideration of Minutes of August 2, 2016 Board of Governors Special Meeting, Board Doc Agenda Item 8c Consideration of Minutes of August 6, 2016 Board of Governors Emergency Meeting, Board Doc Agenda Item 8d Consideration of Resolution Approving Personnel Appointments and Separation, Board Doc WHEREAS, Per board policy (60205) the Board of Governors shall have final approval of all fulltime contracts for administrative, support and faculty personnel. NOW THEREFORE BE IT RESOLVED that the following appointments and employment contracts be approved and/or ratified by the Board of Governors: Name Position Contract Period Contract Salary Laurie Mazur Electrical Technology Instructor 08/29/16-08/17/17 $ 71, Kristine Vacha Dental Assisting Instructor 08/24/16-08/17/17 $ 55, Patrick Leddy Plumbing Instructor 08/29/16-08/17/17 $ 73, Rebecca Bauer Business Process Analyst 09/19/16-06/30/17 $ 48, BE IT FURTHER RESOLVED that the following separation be acknowledged and accepted by the Board of Governors: Name Position Effective Date Cynthia Cronick Dental Assisting Instructor August 15, 2016 Agenda Item 8e Consideration of Resolution Amending the Proposed MCCA Board of Governors Budget for , Board Doc BE IT RESOLVED, that in consideration of information and further discussion since the proposed budget was first prepared by the administration and approved by the Board of Governors of Metropolitan Community College Area, that the Board of Governors amends the proposed MCCA Board of Governors Budget for as follows: Amended Difference Proposed Proposed Increase/ Budget Budget (Decrease) Agenda Item 8g Consideration of Resolution Excusing Absences of Fred Conley from Meetings of the Board of Governors, Board Doc BE IT RESOLVED that the Board of Governors of the Metropolitan Community College Area hereby excuses the absences of Board Member Fred Conley from the emergency meeting of the Board of Governors held on August 6, 2016 and from the regular monthly meetings of the Board of Governors held on and to be held on September 13, Agenda Item 8h Consideration of Resolution Re-approving and Ratifying All Actions Taken at the Emergency Meeting of the Board of Governors Held on August 6, 2016, Board Doc. 7314

8 Page 8 of 12 WHEREAS, the Board of Governors of the Metropolitan Community College Area held an emergency meeting on August 6, 2016, at 8:00 a.m., and WHEREAS, the Board of Governors wishes to re-approve and ratify all actions of the Board of Governors that were approved at that meeting. NOW, THEREFORE, the Board of Governors hereby re-approves and ratifies all actions of the Board of Governors that were approved at the emergency meeting of the Board of Governors held on August 6, 2016, at 8:00 a.m., and in particular, the Board of Governors re-accepts the resignation of Fred Conley from the Board of Governors in accordance with and subject to the terms and conditions of Mr. Conley s letter of August 5, 2016 (Board Document No. 7304). Agenda Item 8i Consideration of Resolution Approving Licensed Design Professionals, Board Doc WHEREAS, in June 2016, the Board passed the resolution approving the selection committee and request for qualifications for licensed professional services for College projects having fees of less than $250,000; and, WHEREAS, the selection committee met for discussion and review of the 40 proposals received using an inclusive process of carefully comparing disciplines, attributes, proposals and experiences of the firms, and, WHEREAS, each committee member independently filled out an evaluation sheet on each firm, ranking the firm; and these rankings were compiled for selection of the firms. NOW THEREFORE BE IT RESOLVED, by this Board, that it approves the following licensed design professionals, listed in their related discipline in alphabetical order to be chosen by College administration as projects arise with consultant fees under $250,000. General Purpose Projects AO Alley Poyner Macchietto Architecture BCDM Architects BVH Architects Carlson West Povondra Architects DLR Group HBA HDR KAI Design & Build Kenneth Hahn Architects Leo A Daly RDG TACK Architects Mechanical and Electrical Projects AES Alvine Engineering/IP Design Group KPE ME Group Morrissey Engineering Inc. Civil Engineering Projects E & A Consulting Group, Inc. Ehrhart Griffin & Associates JEO Architecture, Inc. Lamp Rynearson Olsson Associates Schemmer Terracon Thiele Geotech Inc. BE IT FURTHER RESOLVED BY THIS BOARD, that it authorizes the President to take all actions and negotiate all fees that are or may be necessary to properly execute each contract as the President, in consultation with College legal counsel, may deem appropriate and in the best interest of the College.

9 Page 9 of 12 Agenda Item 8j Consideration of Resolution Approving the Purchase of a Single Bucket Truck, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby approves the purchase of a single bucket truck from Altec Industries Inc., in the estimated amount of $104,442 utilizing National Joint Powers Alliance (NJPA) consortium contract pricing with such modifications, changes, and amendments, as the President, in consultation with College legal counsel, may deem appropriate and in the best interests of the College. MOTION: Grabowski moved to approve the consent agenda without Agenda Item 8f; McDermitt seconded the motion. Nekuda, yes Motion carried. Agenda Item 7 Items removed from Consent Agenda (If Any) Agenda Item 8f Consideration of Resolution Amending Board Policy and Repealing Board Policies through (Replacing College Whistleblower Policy), First Reading, Board Doc MOTION: Hug moved to approve Agenda Item 8f; Nekuda seconded the motion. Nekuda expressed her concern regarding wording in the policy regarding use of a third party with ethical issues. Discussion ensued regarding the role of the Executive Committee and the Board, should an ethical concern arise regarding the College President, in a hypothetical situation. Nekuda is concerned that employees would not be comfortable going to the President or Board Chair, and that a third party should be available. Schmailzl noted that the Board Policy was re-written in response to the types of concerns that have been taken to the ombudsperson in recent years. Nekuda also noted that as the Board Policy is changed and approved, training and education for student and staff will be imperative for the Policy to be effective. Dempsey referenced the procedures and suggested an extensive report to the Board be written into the Policy and Procedure Memorandum.

10 Page 10 of 12 Schmailzl stated that the Board will be kept apprised of the Procedure Memorandum that will be written as a result of the new Board Policy. For the second reading, Nekuda and Cannella will draft amendment language to address her concerns about ensuring a clear channel for stakeholders to take if they have concerns with the president or senior administration and the reporting. Vote on Agenda Item 8f: Nekuda, yes Motion carried. Agenda Item 8 Adjournment MOTION: Hug moved to adjourn the meeting; Eastman seconded the motion. Nekuda, yes Motion carried. The meeting was adjourned at 8:16 p.m. Kara Eastman, Secretary, Board of Governors Date

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