METROPOLITAN COMMUNITY COLLEGE AREA BOARD OF GOVERNORS SPECIAL BOARD MEETING MINUTES JANUARY 29, 2019

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1 Page 1 of 16 METROPOLITAN COMMUNITY COLLEGE AREA BOARD OF GOVERNORS SPECIAL BOARD MEETING MINUTES JANUARY 29, 2019 A meeting of the Board of Governors of the Metropolitan Community College Area was called to order at 6:32 p.m., in Building #21, the Mule Barn, Fort Omaha Campus, 32 nd Street and Sorensen Parkway, Omaha, Douglas County, Nebraska. MEMBERS PRESENT Erin Feichtinger Steve Grabowski, Chair Ron Hug Phillip Klein Linda McDermitt, Treasurer Maureen Monahan Angela Monegain Michelle Nekuda, Assistant Secretary Michael Young, Vice Chair Joy Schulz, Ex Officio Faculty Marie Ouedraogo, Ex Officio Student MEMBERS ABSENT Roger Garcia Dave Pantos, Secretary 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 January 24, 2019; 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

2 Page 2 of 16 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 Administration of Oath of Office Bob Cannella, Legal Counsel, administered the oath of office to the following Board members: Phil Klein, District 1 Erin Feichtinger, District 2 Maureen Monahan, District 3 Angela Monegain, District 4 Steve Grabowski, District 5 Ron Hug, At Large Following the oath of office, Grabowski declared a recess to allow these Board members time to take photos with their families (6:38 p.m.). Following the recess, the meeting resumed at 6:47 p.m. MOTION: Klein moved to excuse Garcia and Pantos; Nekuda seconded the motion. Agenda Item 3 Public Comments There were no public comments. Agenda Item 4 Action Agenda: Election of Officers Agenda Item 4a Election of Chair Grabowski asked for nominations for Chair of the Board for Nekuda nominated Steve Grabowski. Hearing no other nominations, nominations were closed.

3 Page 3 of 16 MOTION: Hug moved to seat Grabowski by acclamation; Nekuda seconded the motion. Grabowski thanked the Board for their confidence in him to continue as Chair of the Board. Agenda Item 4b Election of Vice-Chair Grabowski asked for nominations for Vice Chair of the Board for Grabowski nominated Michael Young. Hearing no other nominations, nominations were closed. MOTION: Hug moved to seat Young by acclamation; Nekuda seconded the motion. Young thanked the Board for electing him. Agenda Item 4c Election of Treasurer Grabowski asked for nominations for Treasurer of the Board for Grabowski nominated Linda McDermitt. Hearing no other nominations, nominations were closed.

4 Page 4 of 16 MOTION: Hug moved to seat McDermitt by acclamation; Nekuda seconded the motion. Agenda Item 4d Election of Secretary Grabowski asked for nominations for Secretary of the Board for Young nominated Dave Pantos. Nekuda confirmed Pantos was aware of the nomination. Hearing no other nominations, nominations were closed. MOTION: Hug moved to seat Pantos by acclamation; McDermitt seconded the motion. Agenda Item 4e Election of Assistant Secretary Grabowski asked for nominations for Assistant Secretary of the Board for McDermitt nominated Michelle Nekuda. Hearing no other nominations, nominations were closed. MOTION: Hug moved to seat Nekuda by acclamation; McDermitt seconded the motion.

5 Page 5 of 16 Agenda Item 4f Consideration of Resolution and Order Electing and Approving Officers of the Metropolitan Community College Area Board of Governors and Establishing Terms of Office, Board Doc BE IT RESOLVED, by the Board of Governors of the Metropolitan Community College Area (the Board ), as follows: 1. That Steve Grabowski be, and he/she hereby is, elected to the position of Chair of the Board for a term of office beginning January 22, 2019, and ending at the first regular meeting of the Board following January 1, 2020, or until his/her successor is elected and qualified; provided, however, that if Steve Grabowski ceases to be a qualified member of the Board during such term of office, or if he/she resigns as Chair of the Board during such term, then in either of those events the Vice Chair hereinafter named, or his/her qualified successor, shall become Chair of the Board and serve as Chair until the expiration of the term of office described above. 2. That Michael Young be, and he/she hereby is, elected to the position of Vice Chair of the Board for a term of office beginning January 22, 2019, and ending at the first regular meeting of the Board following January 1, 2020, or until his/her successor is elected and qualified; provided, however, that if Michael Young ceases to be a qualified member of the Board during such term of office, or if he/she resigns as Vice Chair of the Board during such term, then in either of those events the position of Vice Chair of the Board shall become vacant. 3. That Linda McDermitt be, and he/she hereby is, elected to the position of Treasurer of the Board for a term of office beginning January 22, 2019, and ending at the first regular meeting of the Board following January 1, 2020, or until his/her successor is elected and qualified; provided, however, that if Linda McDermitt ceases to be a qualified member of the Board during such term of office, or if he/she resigns as Treasurer of the Board during such term, then in either of those events the position of Treasurer of the Board shall become vacant. 4. That Dave Pantos be, and he/she hereby is, elected to the position of Secretary of the Board for a term of office beginning January 22, 2019, and ending at the first regular meeting of the Board following January 1, 2020, or until his/her successor is elected and qualified; provided, however, that if Dave Pantos ceases to be a qualified member of the Board during such term of office, or if he/she resigns as Secretary of the Board during such term, then in either of those events the position of Secretary of the Board shall become vacant. 5. That Michelle Nekuda be, and he/she hereby is, elected to the position of Assistant Secretary of the Board for a term of office beginning January 22, 2019, and ending at the first regular meeting of the Board following January 1, 2020, or until his/her successor is elected and qualified; provided, however, that if Michelle Nekuda ceases to be a qualified member of the Board during such term of office, or if he/she resigns as Assistant Secretary of the Board during such term, then in either of those events the position of Assistant Secretary of the Board shall become vacant.

6 Page 6 of That David Koebel be, and he hereby is, appointed to the position of Assistant Treasurer of the Board, to serve in such position at the absolute and unqualified discretion of the Board. 7. That Rita Eyerly be, and she hereby is, appointed to the position of Recording Secretary of the Board, to serve in such position at the absolute and unqualified discretion of the Board, provided, however, that her sole and only duties as Recording Secretary shall be to assist the Secretary or the Assistant Secretary, as the case may be, in the taking of minutes of meetings of the Board, and to perform such other duties as may be assigned to her by the President of the College; and provided further, that the President of the College is hereby authorized and directed to name a temporary replacement to serve as the Recording Secretary if the Recording Secretary named above is absent. BE IT FURTHER RESOLVED, that a copy of this Resolution and Order be certified by the Secretary or Assistant Secretary of the Board and placed on file at the Office of the Board; and BE IT FURTHER RESOLVED, that copies of this Resolution and Order be certified by the Secretary or Assistant Secretary of the Board to the Secretary of State of Nebraska and to the County Clerks and Treasurers of Dodge, Douglas, Sarpy, and Washington Counties in Nebraska, and to the Banks of Record. Grabowski called for a motion to adopt the Resolution and Order Electing and Approving Officers of the Board as just elected, including the appointment of Assistant Treasurer of the Board, Dave Koebel, and Recording Secretary of the Board, Rita Eyerly. MOTION: Hug moved to adopt the Resolution and Order Electing and Approving Officers of the Board; Young seconded the motion. Agenda Item 5 Report Agenda Agenda Item 5a Ex Officio Board Members Reports There were no reports by the student or faculty ex officio members of the Board. Schulz welcomed the new Board members. Agenda Item 5b Chair of the Board s Report Grabowski noted his participation in the Martin Luther King, Jr. event. He stated the speaker was both amazing and inspiring.

7 Page 7 of 16 Agenda Item 5c Board Members Reports McDermitt referenced a recent Midlands Business Journal with a story which mentioned Nate Barry, Dean of Technical and Career Education. The article was about Barry s role in building, planning, and development and what the College is doing in regards to growth in the greater Omaha community. Feichtinger reported on her attendance at the Black History Month Kick-Off evening, hosted by Dr. Gooch-Grayson, Associate Vice President of Equity and Inclusion and the Department of Equity and Inclusion. She noted it was an uplifting evening. She also attended the Family Meal hosted by the Institute of Culinary Arts, in celebration of the good things they do. Agenda Item 5d President s Report Building 59/34, Fort Omaha Campus, Update Stan Horrell, Director of Campus Planning and Sustainability Schmailzl asked Horrell to explain the history and rationale for presenting updated plans on Building 59 which has been re-numbered to fit with the updated signage on the Fort Omaha Campus. It has also been known as the Booker Building. Horrell shared statistics: o The building was obtained from the Army in March o The Program Statement was approved by the MCC Board of Governors in June o The Coordinating Commission for Postsecondary Education (CCPE) subsequently approved the program statement in August o Construction documents went out for bid in February 2016 with bid opening in March o The estimated budget in 2016 was approximately $5,266,120. Horrell noted the bidding environment in Omaha was challenging in 2016 and only two construction firms submitted bids. The bids were 25% and 26% over the estimate. State laws provides that tax funded building projects coming in 5% over approved budget estimates must be re-evaluated and re-approved prior to construction. With the new buildings on the Fort Omaha Campus in progress, the project was set aside at that time. The renovation has been re-evaluated and needs have changed somewhat, now that the three buildings are operational at the Fort Omaha Campus.

8 Page 8 of 16 The renovation provides for the MCC Police Department to occupy the main floor and allows for expansion for monitoring to assist with the additional cameras used for monitoring. Data and IT needs have increased and the basement will be used for fiber optic cross-tie. Finally, there will be additional room for better asset storage. Horrell stated that the CCPE has said if the budget remains the same, and bids come in under the original budget, as when it was when approved in 2015, a new program statement is not necessary. The new schedule calls for a resolution to come to the Board in February 2019, which will include building plans and specifications. Bid release is scheduled for the end of February with bid opening in April 2019; construction to begin in May 2019, with a completion goal of July 2020 and occupancy in September The estimated budget for the revised renovation is $4 million. Hug asked about the dollars for the project. Schmailzl noted the dollars have been set aside and the extra $1 million will stay in the capital building fund. Sarpy Property Update Schmailzl referenced the documents in the Board materials and explained that a realtor ed Steve Grabowski, Board Chair, and proposed an exchange of MCC s current Sarpy property at Highways 50 and 370 for a location in the Southport development in Sarpy County. Schmailzl noted his response was to let the realtor know the Board s direction was to move forward with the existing site. He stated he has since learned that the proposed Southport site would not be appropriate for the College, since a site restriction prohibits tax-exempt uses of the Southport site. Young noted he thinks Sarpy has done a good job of building out the corridor, but agreed that is makes sense for the College to remain on our existing site. He asked when the College might develop the site. Schmailzl noted the College has been slowly mobilizing the site by securing sewer, power, etc. Currently, Horrell is working with the Nebraska Department of Roads to coordinate west and north entrances on the property. Schmailzl will keep the Board apprised of progress at the Sarpy County property. Agenda Item 5e Regular Reports Randy Schmailzl Grabowski noted the list of regular reports are provided monthly to keep Board members informed. There were no questions regarding the regular reports. Agenda Item 5f Quarterly Reports Randy Schmailzl

9 Page 9 of 16 Schmailzl referenced the reports in the Board materials, which are the outcome of requests from Board members. He noted that a new Sustainability Coordinator has been hired. There were no questions from the Board. Agenda Item 5g Ombudsperson Report Julie Langholdt, Dean of Student Advocacy and Accountability Langholdt reviewed the report in the Board materials and provided a brief history of the Ombudsperson Office. The office was established to address student and community concerns, with a goal of supporting student retention. The volume of calls has remained fairly constant since the office was established. Resolution of issues often involves several different departments. About 40% of the contacts are simply looking for the right people to contact elsewhere at the college. The office works to identify trends and things the College can improve on. Currently, a software program is being implemented to better track complaints and resolutions. Young expressed his appreciation of the staff and noted he was pleased about the datadriven decision. Feichtinger asked how people learn about the office and how to contact them. Langholdt noted the concerns/complaints link on the website and said most contacts are via . The staff strives to respond within 24 hours during the Monday Friday work week. Feichtinger asked what trends have been identified to date. Langholdt stated financial aid is often a challenge for students due to federal regulations. She further noted the College has the opportunity for clearer communication regarding financial aid decisions, which can be confusing at times. Langholdt stated that students are encouraged to follow processes, beginning at the lowest level. In response to a question from Nekuda, Langholdt noted that nearly all the concerns she responds to are from students, not the larger community. Schmailzl added that College staff do receive some community concerns, which are addressed by the most appropriate department. He thanked Langholdt and her staff for what they do. Schmailzl added that our reputation hinges on our response to helping students. In response to a question from Young regarding actual numbers, Langholdt noted that the staff are updating and refining their ways of reporting concerns. She is hopeful the new software will assist in reporting. Agenda Item 5h 2019 Legislative Update Schmailzl noted there are over 740 bills and constitutional amendments. Schmailzl highlighted a few bills:

10 Page 10 of 16 LB 6 LB 27 LB 103 LB 104 LB256 LB 386 This bill would change the residency provisions relating to persons on active duty and their dependents for college tuition. MCC will support this bill. This bill would change the provision related to the use of property tax revenue by the community colleges. This bill is supported by the other Nebraska community colleges and MCC would be neutral. This bill would change provisions relating to property tax requests by political subdivisions. One of the complications is the required timing of special hearings and hearing notices, and receiving valuations. MCC will oppose this bill as it is currently written. This bill concerns the Nebraska Opportunity Grant Fund, from which MCC receives about $900,000 annually, funded by lottery dollars. The timing is running out and this bill would extend the Fund for several years. MCC will support this bill. Schmailzl stated he was in Lincoln to testify on LB 256, which would authorize participation in insurance coverage by members of a community college board of governors. He noted Senator Arch did a good job of explaining the purpose of the bill and he was able to testify to reinforce the concept. Schmailzl further reminded the Board that if the bill passes, the MCC Board of Governors would have to approve the concept and the MCC insurance providers would have to agree. All insurance premiums would be paid in full, by Board members. This bill would change provisions relating to cash reserves under the Nebraska Budget Act. The bill refers to general fund reserves and would impact all political subdivisions. MCC will oppose this bill. LR 8CA This proposed constitutional amendment will limit the total amount of property tax revenue that may be raised by political subdivisions. MCC will oppose. Schmailzl referenced the link to all bills on the Nebraska Legislature website and noted college administration will continue to monitor the bills and keep Board members updated. Agenda Item 5i Audit Reports Representatives from CliftonLarsonAllen, LLP Schmailzl introduced Darrin Kader, Director of Accounting Services, and Brenda Schumacher, Director of Student Financial Services, as two key MCC staff who work with the auditors. Kader introduced Brenda Scherer, representative of CliftonLarsonAllen LLP, to review the audit. Scherer thanked the Board and administration for the opportunity to work with MCC. She indicated the auditors issued an unmodified report, which is the highest level of assurance you can put on financial statements. She congratulated the College

11 Page 11 of 16 on this accomplishment and shared a few items where MCC can continue efforts to attain best practices. She stated that accounting policies used last year, were consistent with those used this year. Agenda Item 6 Consent Agenda Items Items remaining on the consent agenda are 8a, 8b, 8c, and 8d. Agenda Item 7 Items Removed from Consent Agenda (If Any) No items were removed from the Consent Agenda. Agenda Item 8a Consideration of Approval of Minutes of December 11, 2018 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 full-time 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 Andrea Padilla-Rosas Associate Director of Financial Aid 01/30/19-06/30/19 $25, Operations and Self-help Programs Christopher Craven Associate Director of Administrative 02/04/19-06/30/19 $31, Computing Systems and Processes Brenda Jennings Criminal Justice Instructor 03/04/19-05/23/19 $19, Gisele Tlusty Nursing Instructor 03/04/19-05/23/19 $18, BE IT FURTHER RESOLVED that the following separations be acknowledged and accepted by the Board of Governors: Name Position Effective Date Bobby Polk Criminal Justice Instructor 01/08/19 Tanis Herbert Program Manager 02/11/19 April Lawton Adult Education Program Facilitator 01/25/19 Kelly Hilbrands Education Specialist Upward Bound Math Science 01/25/19 Agenda Item 8c Consideration of Resolution Accepting the Independent Auditors Reports on the Financial Statements and Single Audit Reports; and the Statements of Reimbursable Full-Tie Equivalent Student Enrollment and Reimbursable Educational Units for the Year Ended June 30, 2018, Board Doc BE IT RESOLVED, that the Board of Governors of Metropolitan Community College hereby accepts the Independent Auditors Reports on the Financial Statements and Single Audit Reports; and the

12 Page 12 of 16 Statements of Reimbursable Full-Time Equivalent Student Enrollment and Reimbursable Educational Units for the year ended June 30, 2018, Board Doc. No. 7511a, as presented by CliftonLarsonAllen, LLP. Agenda Item 8d Consideration of Resolution Accepting the Bid for South Omaha Campus Mahoney Building AH-1 Chiller Replacement, Board Doc BE IT RESOLVED, that the Board of Governors of the Metropolitan Community College Area hereby accepts the bid for South Omaha Campus Mahoney Building AH-1 Chiller Replacement and authorizes the President to negotiate, sign and implement such agreement with Mechanical Systems, Inc., in an amount not to exceed $185,000 plus associated fees, as the President in consultation with College legal counsel may deem appropriate and in the best interests of the College. MOTION: Young moved to approve the Consent Agenda; McDermitt seconded the motion. Agenda Item 9 Executive Session Agenda Item 9a Consideration of Closed Session to Discuss Strategies Regarding Collective Bargaining and Potential Litigation Grabowski entertained a motion to go into closed session to discuss strategies regarding collective bargaining and potential litigation, the closed session being necessary in the public interest to protect against premature disclosure of the College s strategies. MOTION: Hug moved to adjourn to closed session; Young seconded the motion.

13 Page 13 of 16 The motion to go into closed session passed. As required by law, Grabowski restated that the purpose of the closed session is to discuss strategies regarding collective bargaining and potential litigation. The closed session discussion will be so limited. The time was noted as 7:57 p.m. Non-essential staff and guests were excused. Grabowski called for a motion to come out of closed session. MOTION: Nekuda moved to come out of closed session; Hug seconded the motion. Open session resumed at 8:47 p.m. Grabowski mentioned a pending Board Workshop with details to come via . Agenda Item 10 Adjournment MOTION: Monegain moved to adjourn the meeting; Feichtinger seconded the motion. The meeting was adjourned at 8:50 p.m. Dave Pantos, Secretary, Board of Governors Date

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