METROPOLITAN COMMUNITY COLLEGE AREA BOARD OF GOVERNORS MEETING MINUTES April 26, 2016

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1 Page 1 of 16 METROPOLITAN COMMUNITY COLLEGE AREA BOARD OF GOVERNORS MEETING MINUTES 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 Fred Conley, Chair Tim Dempsey Kara Eastman, Secretary Roger Garcia, Vice Chair Steve Grabowski, Assistant Secretary Ron Hug Phillip Klein Linda McDermitt James Monahan Michelle Nekuda Al Cox, Ex Officio Faculty MEMBERS ABSENT Kristen Carroll-Clark, Ex Officio Student Also Present: Randy Schmailzl, College President. 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. 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 April 15, 2016; and 2. Affidavit of College employee Rita Eyerly 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

2 Page 2 of 16 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 2a Requests to Address the Board Mary Umberger, Speech Instructor, addressed the Board as the President-elect of the Metropolitan Community College Education Association (MCCEA). She invited the Board to the annual Board of Governors Reception on May 2, 2016 from 5:30 7:30 p.m. at the Omaha Education Association building. Agenda Item 3 Report Agenda Agenda Item 3a Presentation of Team Award Randy Schmailzl Schmailzl commented on the Team award, noting the prestigious award honors a team who have worked together on a task, activity or project, common to all members and will impact the overall mission of the College. The 2016 Team award goes to the Fort Omaha Intertribal Powwow Committee. Conley presented certificates to team members from the College and the community who were present. The team members are: Bruce Atkinson, Richard Barea, Ron Beatty, Jennifer Fauchier, Theresa Foley, Richard Hart, Craig Jacobus, Gail Johnson, Deb LaHoda, Janet McCarthy, Cassie Rhoads-Carroll, Steven Tamayo, Nicole Tamayo, George Vana, Barbara Velazquez, Theresa Walker, Char West, Mary Wise, Danita Wolf and Julia Wolf. Schmailzl asked Barbara Velazquez to comment on behalf of the Team. She noted that three of the team members have been on the committee each year for the past 25 years and the 25 th anniversary will be celebrated on Saturday, September 24, She noted the team covers details from tents to parking and works with dedication, humility, wisdom and great respect for the cultural differences among the native tribes and other cultural customs. Agenda Item 3b Auditor Interviews Three audit firms were interviewed separately in open session. The firms and representatives were. HSMC Orizon, LLC Jodi Rinne, Partner Tim Lens, Partner Hayes & Associates, LLC Frank Hayes, Shareholder & Managing Partner Bryan Broekemier, Manager CliftonLarsonAllen LLP

3 Page 3 of 16 Karen Gries, Principal Bryan Simkanich, Senior Associate Brenda Scherer, Assurance Engagement Manager Agenda Item 4 Action Agenda Agenda Item 4a Consideration of Resolution Appointing the College Auditor, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby appoints CliftonLarsonAllen LLP, as the auditor for the College s (1) Financial Statements and Student Financial Aid Programs, (2) Statement of Full-Time Equivalent/Reimbursable Education Unit/Reported Aid Equivalent Student Enrollment, and (3) Metropolitan Community College Foundation, for the fiscal year , per RFP bid documents. MOTION: Dempsey moved to continue with CliftonLarsonAllen LLP, as auditor; Grabowski seconded the motion. Discussion ensued with all the audit firms in the room. Discussion centered around the experience of the firms and their proposed fees. AMENDED MOTION: Eastman moved to amend the motion to approve Hayes and Associates, LLC as the auditor; Grabowski seconded the motion. Roll call on proposed amendment: Dempsey, no Eastman, yes Garcia, no Grabowski, no Hug, pass Klein, no McDermitt, yes Monahan, pass Nekuda, no Ashby, yes Conley, yes Hug, no Monahan, abstain There were 4 yes votes, 6 no votes and 1 abstain. Motion failed. Roll call on original motion: Conley, yes

4 Page 4 of 16 Dempsey, yes Eastman, no Garcia, yes Grabowski, yes Hug, yes Klein, yes McDermitt, yes Monahan, abstain Nekuda, yes Ashby, no There were 8 yes votes, 2 no votes and 1 abstain. The original motion carried to appoint CliftonLarsonAllen LLC as auditor. Agenda Item 5 Report Agenda Agenda Item 5a Ex Officio Board Members Reports Cox introduced Kay Friesen, Director of Special Events, who reported on the recent regional SkillsUSA competition. Friesen noted that the College has hosted the Nebraska SkillsUSA Leadership and Skills Conference for the past three years. It was held primarily at the CenturyLink and DoubleTree Downtown, with some competitions at the Fort Omaha Campus (FOC), the South Omaha Campus (SOC) and the Applied Technology Center (ATC). Business and industry donate materials for the competition. College faculty and staff are invaluable in making the event successful, from judging to set-up and volunteering. Some of the statistics include: o o o o 1400 contestants from high schools and postsecondary institutions 96 contests 200+ judges and volunteers 78 MCC student participants in 2016 competition Of the 78 MCC students, 16 placed first, 7 earned second and 1 received a third place. First place students may choose to go on to national competition in Louisville, Kentucky and they earn a $750 scholarship for their education at the College. Nekuda commented that she heard an enthusiastic report from parents of SkillsUSA participants. McDermitt noted the impressive energy when watching the contests. In response to a question from Conley, Friesen noted that MCC will have the opportunity to bid on hosting again in three years.

5 Page 5 of 16 Agenda Item 5b Board Members Reports Committee Chair Report for Ad Hoc Committee for the President s Contract and Evaluation Grabowski reported that the April 12, 2016 meeting resulted in the College President s evaluation document, previously used, being sent to each Board member. Nekuda is compiling the evaluation input as returned to her by Board members. The next meeting will be May 2, 2016, at noon, where the evaluation compilation will be reviewed along with discussion regarding the College President s contract terms, which currently ends on June 30, Committee Chair Report for Ad Hoc Committee to Review Executive Committee Policy, Ombudsperson Policies and 10,000 Level Policies Garcia reported on the April 18, 2016 meeting where the focus was primarily on the ombudsperson and whistleblower policies and how they have been working. The next meeting is May 23, 2016 at noon, and will focus on potential drafts that may better fit the terms and the ways the ombudsperson has been utilized. Then the full Board will review the ombudsperson drafts and the Committee will move forward on the other policies, as assigned. Agenda Item 5c Chair of the Board s Report Conley had no report. Agenda Item 5d President s Report Schmailzl referred to the written report. Architect/Engineer Shortlist The College uses a selection process to develop a Board-approved list of licensed design professionals from which the College administration may select when completing College projects having fees of less than $250,000. It is now time to update this board-approved list of consultants including architects, landscape architects, information technology, and audio-visual consultants, way finding consultants, mechanical, electrical, structural, civil and geo-technical engineers, etc. The process will begin with a Request for Qualifications, with recommendations brought to the Board of Governors for consideration early this summer. Elkhorn Valley Campus Update Schmailzl reported on the Elkhorn Valley Campus (EVC), noting that two brokers approached administration in the past week, regarding the property north of the

6 Page 6 of 16 campus. He stated administration has due diligence to pursue, and opened the topic for discussion. Dempsey asked if there is potential for a resolution to the EVC issue. Schmailzl stated there could be. There has been no discussion for the past year or so, regarding the property. Hug inquired if the discussion could be moved to executive session. Bob Cannella, Legal Counsel, indicated that if there was discussion for a negotiation strategy for potential acquisition of real estate, an executive session could be called. Cannella suggested such a motion be made at the end of the Action Agenda. Grabowski inquired as to what the discussion would include and if there is an agenda item. Schmailzl responded that administration felt that due diligence included bringing the topic back to the Board and the discussion could include details perceived as negotiation strategies. Cannella noted that no action could be taken at the meeting, but the Board could direct administration on possible negotiation strategies. Hug inquired if potential opportunities would be lost if there were no action taken at this meeting. Schmailzl responded that the final door would not be closed. Nekuda clarified since no action can be taken tonight, this item could be placed on the May 26, 2016 Board agenda. Hug stated that there is no action to be taken because there is no purchase agreement to approve. The beginning of any acquisition is for the Board to direct administration to proceed in negotiation a contract to come before the Board. Brief discussion ensued on the information in question and the process. Washington County Update (including SolarQuest) On Tuesday, March 29, 2016, an MCC team, led by Jim Grotrian, Executive Vice President, facilitated the inaugural meeting of the Washington County Advisory committee. Seven community members attended, representing business/industry, chambers of commerce, high schools, students, and economic development organizations. The College has proposed a sustainable committee structure, with three-year terms for targeted slots, to ensure the best mix of county-wide representation and involvement over time. The MCC Workforce Innovation Division continues to work with individual businesses in the Blair area to provide corporate training to meet their most pressing workforce needs.

7 Page 7 of 16 Business and Industry Meetings On Friday, March 18, 2016, Mogens Bay, Chairman and CEO of Valmont Industries, hosted a breakfast meeting for C-level representatives of local businesses that are potential strategic partners with MCC. The Omaha Federation of Labor held a similar event on Monday, April 25, A follow-up plan is in place for each company in attendance and a dedicated MCC team is meeting regularly to report on progress. Graduation and Year-end Celebrations Graduation is scheduled for May 13 at 7 p.m. at Baxter Arena. Sustainability Update Metropolitan Community College was one of the first higher education institutions in Nebraska to hire a Sustainability Coordinator and to emphasize sustainable practices across programs, operations and construction projects. An annual report, placed at the Board members places, highlights recent areas of emphasis and how sustainability efforts will play out in the three new buildings on the Fort Omaha Campus AKSARBEN Scholarship Applications There were over 500 applicants for the 200 scholarships for MCC career education programs beginning in the fall 2016 term. This is a testament to the growing recognition this valuable program is receiving. Fort Omaha Campus Right of Way Vacation-Dedication Cannella referred to Action Agenda Item 8l, an action item on the meeting agenda. This right of way along 30 th street is needed by the City of Omaha to widen 30 th Street. The City needs the College to dedicate this stretch to the City. They will pay the College about $11,952. This right of way is a conveyance of College property and requires the approval of 8 Board members. The vacation portion of the Resolution relates to an alley running from Saratoga Street to Sorensen Parkway behind 2 lots north and 2 lots south of the car wash, which is 1 lot. A 15 foot alley runs behind all five of the lots. The College needs the City to vacate this alley for construction purposes. The city requires payment for the vacated alley in the amount of about $54,603. The net effect of this is that College would pay $42,651 to the City. This relates to the FOC construction project. Agenda Item 5e Regular Reports Dave Koebel, College Business Officer

8 Page 8 of 16 Regular reports were included in the meeting materials and no questions were asked. Agenda Item 5f Legislative Report Schmailzl reported the Legislative Session is finished. He noted the community college amendments were successfully removed from LB 958. The removed amendments would have lowered the property tax lid to and removed any carryover in unused restricted funds authority. LB 958 passed on final reading and was approved by the Governor on April 19, Schmailzl noted community college funding will be back in the budgeting process next year and administration is already working on how to adjust and stabilize the funding formula. Grabowski noted he agrees that the next legislative session will include a focus on community college funding. Brief discussion ensued regarding new senators in the Unicameral in 2017 and how administration will work with new senators to engage them in the MCC conversation and provide orientation to the unique needs of the College. Agenda Item 6 Consent Agenda Items Items remaining on the consent agenda are 8a, 8b, 8c, 8d, 8e, 8g, 8h, 8i, 8j, 8k, 8l and 8m. Agenda Item 8 Action Agenda Agenda Item 8a Consideration of Minutes of March 22, 2016 Board of Governors Meeting, Board Doc Agenda Item 8b Consideration of Resolution Approving Personnel Appointments and Separations, 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 Martin Vaughan Electrical Technology Instructor 06/01/16-08/16/16 $ 17, /29/16-08/17/17 $ 76, Robert Hocking Welding Technology Instructor 06/01/16-08/16/16 $ 16, /29/16-08/17/17 $ 72, Linda Banks Academic Advisor 05/02/16-06/30/16 $ 7, /01/16-06/30/17 $ 42, Lessby Jones Academic Advisor 04/27/16-06/30/16 $ 7, /01/16-06/30/17 $ 42, Stephanie Pfeifer Academic Advisor 05/16/16-06/30/16 $ 5, /01/16-06/30 $ 42,448.00

9 Page 9 of 16 Emily Moore Director of Grants 05/02/16-06/30/16 $ 11, /01/16-06/30/17 $ 67, Thomas McDonnell Vice President for 04/27/16-06/30/16 $ 22, Academic Affairs 07/01/16-06/30/17 $125, BE IT FURTHER RESOLVED that the following separations be acknowledged and accepted by the Board of Governors: Name Position Effective Date Norma Morehouse Advocacy Counselor August 5, 2016 Sheila O Connor Executive Director of Public Affairs April 12, 2016 James Hansen Design, Interactivity and Media Arts Instructor November 23, 2016 Correll Hammond Student Resource Specialist for April 7, 2016 Gateway to College Agenda Item 8c Consideration of Resolution Approving Reappointment of Exempt (Administrative/Professional) Staff for , Board Doc BE IT RESOLVED, that Board Doc. No. 7262a entitled, "Reappointment of Administrative / Professional Staff for " be, and hereby is, officially adopted by the Board of Governors; and BE IT FURTHER RESOLVED, that a report will be provided to the Board of Governors at their May 2016 meeting indicating those professional employees who have submitted written notification of their intent to separate from College employment. Agenda Item 8d Consideration of Resolution Approving Reappointment of Faculty for , Board Doc BE IT RESOLVED, that Board Doc. No. 7263a entitled, "Reappointment of Faculty for " be, and hereby is, officially adopted by the Board of Governors; and BE IT FURTHER RESOLVED, that a report will be provided to the Board of Governors at their May 2016 meeting indicating those professional employees who have not signed and returned their Notice of Appointment. Agenda Item 8e Consideration of Resolution Approving Reappointment of Academic Advisors and Counselors for , Board Doc BE IT RESOLVED, that Board Doc. No. 7264a entitled, "Reappointment of Academic Advisors and Counselors for " be, and hereby is, officially adopted by the Board of Governors; and BE IT FURTHER RESOLVED, that a report will be provided to the Board of Governors at their May 2016 meeting indicating those professional employees who have not signed and returned their Notice of Appointment. Agenda Item 8g Consideration of Resolution Approving the Purchase of Microsoft Campus Agreement, Student and Campus Desktop with Enterprise Client Access and Select Plus Licenses, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby approves the annual purchase of Microsoft Campus Agreement, Student and Campus

10 Page 10 of 16 Desktop with Enterprise Client Access and Select Plus Licenses in the estimated amount of $441,000 utilizing consortium contract pricing with such modifications, changes, and amendments, as the President, in consultation with the College legal counsel, may deem appropriate and in the best interests of the College. Agenda Item 8h Consideration of Resolution Approving the Bid for the South Omaha Campus Industrial Training Center Conference Center Improvements, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby accepts the bid for the South Omaha Campus (ITC) Conference Center improvements and authorizes the President to negotiate, sign and implement such agreement with D. R. Anderson Constructors Company in an amount not to exceed $668,150 plus associated fees, as the President in consultation with College legal counsel may deem appropriate and in the best interests of the College. Agenda Item 8i Consideration of Resolution Approving the Purchase and Installation of Furniture at the Fort Omaha, South Omaha, Elkhorn Valley Campuses, and Applied Technology Center, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby approves the purchase and installation of furniture for Fort Omaha, South Omaha, Elkhorn Valley Campuses, and Applied Technology Center in the estimated amount of $200,000 utilizing consortium contract pricing with such modifications, changes, and amendments, as the President, in consultation with the College legal counsel, may deem appropriate and in the best interests of the College. Agenda Item 8j Consideration of Resolution of Approving Sole Source Purchase of Ellucian CRM Advise Software, Board Doc BE IT RESOLVED that the Board of Governors of the Metropolitan Community College Area hereby approves the sole source purchase of CRM Advise Software from Ellucian for an estimated cost of $155,000; and, BE IT FURTHER RESOLVED that the PROTO grant management team is directed by this Board to provide an evaluation of the software and a recommendation to College Administration regarding continued institutional implementation of the software following completion of the initial eighteen month evaluation period. Agenda Item 8k Consideration of Resolution of Approving the Bid for Fort Omaha Campus Building 10 Restroom Renovations, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby accepts the bid for Fort Omaha Campus building 10 restroom renovations and authorizes the President to negotiate, sign and implement such agreement with D. R. Anderson Constructors Company, in an amount not to exceed $487,600 plus associated fees, as the President in consultation with College legal counsel may deem appropriate and in the best interests of the College. Agenda Item 8l Consideration of Resolution of Authorizing the President to Dedicate Real Estate Along 30 th Street for Street Purposes, Board Doc. 7271

11 Page 11 of 16 BE IT RESOLVED by the Board of Governors of The Metropolitan Community College Area (the College ) that the President of the College is hereby authorized in his discretion to execute and deliver to the City of Omaha, Nebraska, on behalf of the College and its Board of Governors, a Plat and Dedication for Street Widening, in the form presented herewith (Board Document No. 7271a), with such changes thereto and for such consideration as the College President, in conjunction with legal counsel, may deem necessary, appropriate and sufficient and in the best interests of the College. BE IT FURTHER RESOLVED that this Resolution shall be deemed to be a written order of the Board of Governors, on file in its office, delegating the powers described above to the President of the College, pursuant to the provisions of Neb. Rev. Stat (12), as amended. Agenda Item 8m Consideration of Resolution of Authorizing the President to Execute and Deliver an Amended and Restated Easement with Partial Release in Favor of OPPD Along the North Side of Sorensen Parkway at the Fort Omaha Campus, Board Doc BE IT RESOLVED by the Board of Governors of The Metropolitan Community College Area (the College ) that the President of the College is hereby authorized to execute and deliver to Omaha Public Power District, a public corporation ( OPPD ), on behalf of the College and its Board of Governors, upon execution by OPPD, an Amended and Restated Easement with Partial Release in the form presented herewith (Board Document No. 7272a), with such changes thereto as the College President, in conjunction with legal counsel, may deem necessary or appropriate and in the best interests of the College. BE IT FURTHER RESOLVED that this Resolution shall be deemed to be a written order of the Board of Governors, on file in its office, delegating the powers described above to the President of the College, pursuant to the provisions of Neb. Rev. Stat (12), as amended. MOTION: Grabowski moved to approve the Consent Agenda without Agenda Item 8f; Nekuda seconded the motion. Eastman, yes Garcia, yes Grabowski, yes Hug, yes Klein, yes McDermitt, yes Monahan, yes Nekuda, yes Ashby, yes Conley, yes Dempsey, yes Motion carried. Agenda Item 7 Items Removed from the Consent Agenda (If Any)

12 Page 12 of 16 Agenda Item 8f Consideration of Resolution Approving Amendment to Employer Match Provision of College Retirement Plan, Board Doc BE IT RESOLVED, that the Board of Governors hereby approves the enclosed amendment (Board Document No. 7265a) to the College document entitled Metropolitan Community College Retirement Plan (Employer Matching Contributions Component), to increase the College s maximum matching contribution to the 403(b) Retirement Plan for bargaining unit employees from 8% to 8.5%. The currently authorized matching contributions for bargaining unit employees are 2%, 3%, 4%, 5%, 6%, 6.5%, 7%, 7.5%, and 8%. The rate will increase to 8.5% with respect to employees within a bargaining unit if and when the increase is negotiated and set forth in the collective bargaining agreement applicable to that bargaining unit, the agreement is approved by the bargaining unit and Board of Governors, and the agreement is executed by the bargaining unit and College. The effective date of an increase with respect to employees of a bargaining unit shall be the effective date specified in the collective bargaining agreement applicable to the affected employees, unless a later effective date is required by applicable laws, regulations, or other guidance. Relevant provisions of the collective bargaining agreement applicable to the increase shall be incorporated into the Plan by reference. BE IT FURTHER RESOLVED, that the President is authorized execute the amendment and take such further actions on behalf of the College as necessary or appropriate to carry out the resolutions approved herein. MOTION: Nekuda moved to approve Agenda Item 8f; Hug seconded the motion. Nekuda inquired about the 8.5 percent match option for the bargaining unit employees, and asked what other Nebraska community colleges offered. Sue Clark, Director of Benefits and Compensation, noted that the majority of the other Nebraska community colleges were matching up to 8.5 percent for retirement. She further explained this resolution makes the 8.5 percent available to all the bargaining units without coming back to the Board with a resolution for each bargaining unit. It will be part of the negotiation during the bargaining. Clark also noted that on January 1, 2016 all non-bargaining unit employees were able to choose up to 8.5 percent matching contribution to the College retirement plan. Garcia, abstain Grabowski, yes Hug, yes Klein, yes McDermitt, yes Monahan, yes Nekuda, yes Ashby, no Conley, yes Dempsey, yes Eastman, yes There were 9 yes votes, 1 no votes and 1 abstain.

13 Page 13 of 16 Motion carried. MOTION: Conley entertained a motion to go into closed session to discuss strategy concerning potential acquisition of real estate, the closed session being necessary in the public interest to protect against premature disclosure of the College s strategy and asked for a motion. Hug moved to adjourn to closed session; Dempsey seconded the motion. Conley asked, if anyone needed the motion repeated? Hearing none, roll call was taken. Grabowski, no Hug, yes Klein, yes McDermitt, yes Monahan, no Nekuda, no Ashby, no Conley, yes Dempsey, yes Eastman, yes Garcia, yes There were 7 yes votes and 4 no votes. Motion carried. The motion to go into closed session passed. As required by law, Conley restated that the purpose of the closed session is to discuss strategy concerning potential acquisition of real estate. The closed session discussion will be so limited. The time was noted as 7:47 p.m. Members of the staff no longer needed were excused for the remainder of the evening. MOTION: Nekuda moved to come out of closed session; McDermitt seconded the motion Hug, yes Klein, yes McDermitt, yes Monahan, left the meeting at 8:20 p.m. Nekuda, yes Ashby, yes Conley, yes Dempsey, yes Eastman, yes Garcia, yes Grabowski, yes

14 Page 14 of 16 Motion carried; open session resumed at 8:28 p.m. Agenda Item 9 Adjournment MOTION: McDermitt moved to adjourn the meeting; Nekuda seconded the motion. Klein, yes McDermitt, yes Nekuda, yes Monahan, absent from room Ashby, yes Conley, yes Dempsey, yes Eastman, yes Garcia, yes Grabowski, yes Hug, yes Motion carried. The meeting was adjourned at 8:32 p.m. Kara Eastman, Secretary, Board of Governors Date

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