LAREDO COMMUNITY COLLEGE DISTRICT Laredo, Texas The regular meeting of the Laredo Community College Board of Trustees convened on Thursday, July 26, 2012, beginning at 6:00 p.m. at in the Samuel A. Meyer Board Room Laird Hall 124 of the Fort McIntosh Campus. ROLL CALL MEMBERS PRESENT Cynthia Mares, President Edward C. Sherwood, Vice President Carlos Carranco Jr., Secretary Leonides G. Cigarroa Jr. Rene De La Viña Mercurio Martinez Jr. Jesse A. Porras Pete Saenz Jr. Cynthia Aradillas, Ex-officio MEMBERS ABSENT Hilario Cavazos III OTHERS Juan L. Maldonado George Meurer, College Attorney Dianna Miller Vince R. Solis Luciano Ramon Frank Riley Robert Sepulveda Eleazar Gonzalez Cesar Vela CALL TO ORDER APPROVAL OF MINUTES FOR: REGULAR BOARD OF TRUSTEES MEETING OF JUNE 28, 2012 PUBLIC TESTIMONY Ms. Cynthia Mares, President, called the meeting to order. Mr. Carlos Carranco Jr., Secretary, called roll and a quorum of the Board was present. Mr. Carranco moved to approve the minutes as presented. Mr. De La Viña seconded the motion; motion carried. Mr. Gerardo Sepulveda II, addressed the Board regarding his support and experiences while working with the LCC South Jr. Palominos youth program. He noted Dr. V. Solis and staff have done a phenomenal job and was pleasantly surprised when Dr. Solis mentioned this was about education and stressing the importance of higher education. He thanked the Board and asked for support of this campus sport complex. Ms. Monica Arizola thanked Coach Canales for his training techniques, for his patience, and dedication when working with the kids. She asked that the Board please keep the program for next year. Mr. Daniel McKinnis, Tenured Art Instructor and Honors Coordinator, addressed the Board regarding an official statement made by Faculty Senate President during the June 2012 Board meeting indicating he felt it was inappropriate and unprofessional towards the Chair of the Business and Communications Department. He stated that faculty members present at this meeting have requested that it be noted for the record that the Faculty Senate President does not represent their voice. Regular Board of Trustees Meeting July 26, 2012 Page 1 of 6
Ms. Carolyn Schmies, Chair of Business and Communications Department, addressed the Board and quoted the statement the Faculty Senate President, Dr. Cynthia Aradillas, made at the June 28, 2012, Board meeting. Ms. Schmies mentioned she was grateful for the opportunity to respond to her remarks and said, My decision to step down was personal. My decision was in no way reflective of my accomplishments and performance as Chair during my tenure. Dr. Aradillas decision to publicly attack my private decision was made in order to promote her on agenda to this Board at my expense. It is unfortunate that she has chosen to voice her issues in such an unprofessional manner. Thank you. COMMUNICATIONS/ INTRODUCTIONS/ RECOGNITIONS Dr. Juan L. Maldonado, President, reported in a letter from the Office of the Governor that Dr. Dianna Miller, Vice President for Instruction (VPI), had been confirmed to participate in Class XXXI of the Governor s Executive Development Program. This program provides top executives in state government to access the best and most current thinking in executive government. It introduces participants to an interagency network of government leaders dedicated to planning the future of Texas. Dr. Dianna Miller, VPI, introduced new employee Gustavo Banda- Truck Driver Program Coordinator. Mr. Eleazar Gonzalez, Chief Financial and Administrative Officer (CAFO), introduced Cindy Elizalde-Assistant Bursar. Dr. Vince Solis, Vice President for Student Services (VPSS), introduced Gloria T. Villalon-Enrollment Registration Services Center Assistant Director. Mr. Rene De La Viña, Board Member, announced he registered today and would be seeking re-election for Position 5. FACULTY ASSEMBLY REPORT Dr. Cynthia Aradillas, Faculty Assembly President, noted several faculty were in attendance and thanked them. She stated, I am very honored to represent the faculty and I will do my very best to represent everyone. It s unfortunate that not everybody agrees with everything but I accept criticism and I would like to work with everyone and my door is open to all faculty. I welcome everybody. She reported work continues on: convocation activities, SACS matters (Mr. Carlos Flores is willing to work with a team of faculty), and the item on titles and ranks will be postponed. DISCUSSION AND POSSIBLE ACTION Dr. Maldonado reported Dr. Solis and Ms. Rubio would provide information on one of the primary strategy used to increase the number of graduates to continue to meet accountability state standards and continue to promote programs at LCC. Ms. Mares asked that the record reflect that Judge Martinez and Mr. Porras had joined the meeting. Regular Board of Trustees Meeting July 26, 2012 Page 2 of 6
REPORT ON AUTOMATIC AWARDING OF DEGREES (INFORMATION ONLY) ORDERING ELECTION FOR BOARD OF TRUSTEES POSITIONS 4, 5, AND 6 AS PER BOARD POLICY, AND THE TEXAS ELECTION CODE AND TEXAS EDUCATION CODE Dr. Vince Solis, VPSS, and Ms. Diana Rubio, Registrar, presented a detailed, in-depth update on this project (Fall to Fall) that would increase graduates at LCC by reviewing student records (1300 files were reviewed), identify the ones that qualified (102 met all criteria) to receive a degree from LCC, a 65% increase in graduates for May 2012. Discussion followed. Dr. Solis and Ms. Rubio answered questions from Board members. Ms. Rubio mentioned that if one more full-time person was available this task could be done every semester and to continue to increase the graduation numbers at LCC. She acknowledged the presence of Ms. Lorena Rios who worked with her on this project. The report was presented for information purposes. No Board action was required. Judge Martinez moved that the Board order the election and was seconded by Mr. Saenz; motion carried. Dr. Cigarroa moved that the Board authorize the College President to enter into a Joint Election Services Contract with the County Elections Administrator. Mr. Carranco seconded the motion; motion carried. Dr. Cigarroa moved that the Board adopt the resolutions as presented. Mr. De La Viña seconded the motion; motion carried. Mr. Carranco requested clarification as to how the calculations derived to the figure estimated at $71,343.25. Mr. Eleazar Gonzalez mentioned that was the figure the Webb County Elections office estimated was LCC s portion of the cost for the election and indicated he would forward the calculation to Mr. Carranco. CONSIDERATION TO ADOPT A RESOLUTION GRANTING CONSERVATION EASEMENT TO THE UNITED STATES OF AMERICA AND ITS ASSIGNS FOR THE BUREAU OF CUSTOMS AND BORDER PROTECTION, LAREDO, TEXAS Dr. Maldonado reported this easement is between LCC, Border Patrol, Homeland Security and a third party that they (CBP) would contract to come in to do the re-vegetation of the areas that might have been disturbed during the building of the river bend road on the property adjacent to the river. He reported Mr. Meurer reviewed the agreement and noted it was for a fifteen year time period for the project of re-vegetation. Mr. Meurer noted he had discussed the easement with representatives of the Border Patrol, made some modifications and reported on the purpose of the easement. Mr. Frank Riley, Facilities Management- Customs and Border Patrol, mentioned he was here to answer questions, if any, from the Board and provided some information on the project. Discussion followed. Mr. Carranco moved that the Board grant a conservation easement to the United States of America and its assigns for the Bureau of Customs and Border Protection, Laredo, Texas as so needed to maintain and preserve the natural flora that is presently there. Mr. Sherwood seconded the motion; motion carried. Regular Board of Trustees Meeting July 26, 2012 Page 3 of 6
REPORT ON STUDENT INTRAMURAL PROGRAM (INFORMATION ONLY) BUILDING COMMITTEE REPORT APPROVAL OF GUARANTEED MAXIMUM PRICE (GMAX) FOR INTRAMURALS SPORT COMPLEX - LCC S FACILITIES MASTER PLAN, PHASE II Dr. Maldonado mentioned this report will provide an insight of what they hope to replicate with the Intramurals Sports Complex at this campus. The Board heard an informational report by Dr. Solis, VPSS, and Mr. Luciano Ramon, Dean for LCC South, on the success of the LCC South Recreation Complex as it pertained to the activities, number of participants, the summer outreach program, and its outcome. The Board noted this was an excellent recruitment tool. Dr. Solis indicated the south campus was a good pilot program and if replicated here he estimated 1,500 to 2,000 college students and probably 500 students from the community during the summer. Dr. Solis and Mr. Ramon acknowledged staff indicating and stated this was a true campus effort. Discussion followed. No Board action was required. Mr. Robert Sepulveda of Sepulveda and Associates Architects, Inc., College Architect, introduced his staff member, Mr. Alfonso Peña, distributed & reviewed in details of the scope of work for the projects for the intramurals sport complex and reported the contractor had submitted a GMAX for the projects. He reviewed the site location plans, noted that staff did provide input in the development of the plans, and mentioned staff from Leyendecker Construction was present to answer questions. Discussion followed. Mr. Sepulveda reported the facility plan was developed with future expansion possibilities. Mr. Sherwood moved that the Board approve the Guaranteed Maximum Price for the Intramurals Sports Complex LCC s Facilities Master Plan Phase II with the inclusion of Alternate 1, lighting at LCC South Baseball Field. The motion was seconded by Mr. De La Viña; motion carried. FINANCE & AUDIT COMMITTEE REPORT BRIEF OVERVIEW OF COLLECTION OF DELINQUENT TAXES (PRESENTATION BY MR. G. R. MEURER) JUNE 2012 FINANCIAL REPORT AND APPROVAL OF MAY 2012 QUARTERLY INVESTMENT REPORT Mr. Meurer, College Attorney, thanked the Board for the opportunity to present this information regarding the collection of delinquent taxes for LCC. He reported KMP has a full time staff of seven employees that work on the collection of delinquent taxes for LCC under his direct supervision and gave a detailed explanation of the processes followed to complete the tax collection tasks and the daily work it entailed. He reported they offer a separate section in the office where the collection efforts are housed with a separate entrance. He also explained the level of difficulty to collect certain accounts. This item was provided for information purposes. No Board action necessary. Mr. Cesar Vela, Comptroller, reported the revenue and expenses as of June 30, 2012: The revenue is $51,022,887 and noted is does not reflect the transfer for the revenue and maintenance tax bond payments, reminded the Board that the projected tuition and fee revenue has not been met, Savings that will help offset the shortage of the tuition and fees will be both on the revenue bonds and maintenance tax notes. The projected savings are $786,000. Local tax collections will be surpassed from the projected $22.1 million. The expenditures are $38,481,026. There is an increase to the overload and Regular Board of Trustees Meeting July 26, 2012 Page 4 of 6
adjunct pay that will be off-set by the salary savings items. He reported there are no major variances or disclosures for the June 30, 2012 report. He reviewed in detail the May 2012 quarterly investment report presented for Board approval. Mr. De La Viña moved that the Board approve the May 2012 quarterly investment report. Judge Martinez seconded the motion; the motion carried. PROGRAM/POLICY COMMITTEE REPORT PROPOSED REVISIONS TO DDB (LOCAL) CONTRACT AND AT- WILL EMPLOYMENT TENURE REVIEW TASB UPDATE 27 - LEGAL POLICIES AND ACT ON (LOCAL) POLICIES Mr. Porras requested that the items discussed during the committee meeting regarding shared governance, faculty titles and ranking, as mentioned by Dr. Aradillas, once they have gone through the proper channels be brought back to the Board. Dr. Cigarroa mentioned he would defer to legal counsel. Dr. Maldonado noted that Item 14 be considered prior to the TASB update. Mr. Porras reported this item is being presented to revise the policy to align it to meet House Bill 2504 state mandates. Discussion followed. Mr. Carranco moved that the Board approve the revisions necessary to align the college policy with House Bill 2504. Mr. Saenz seconded the motion; motion carried. Mr. Meurer reported the Texas Association of School Boards (TASB) updates the Board s legal policies that are summaries and statements of the law. TASB recommends LOCAL policies for adoption which are essentially the Board s rules and the Board has the option to not adopt the recommendation. Discussion followed. Mr. Porras made some recommendations for BCC (LOCAL); discussion followed. Dr. Maldonado pointed out AB (LOCAL) is being presented for approval to update the titles for the executive management team. Dr. Cigarroa moved that the Board add, revise, or delete (LOCAL) policies as recommended by the TASB policy service in accordance to the Instruction Sheet for TASB Localized Policy Manual Update 27 except for the following changes: Not adopt CIB (LOCAL), and Consider in the future adopting CD (LOCAL). The motion was seconded by Mr. De La Viña. The motion carried. Mr. Porras moved that the Board add, revise, or delete (LOCAL) policies as recommended by the TASB policy service in accordance to the Instruction Sheet for TASB Localized Policy Manual Update 27 with the following changes regarding BCC (LOCAL): BOARD INTERNAL ORGANIZATION ATTORNEY channel legal inquiries through the Board President when advise or information from the College District s legal counsel is sought. The motion was seconded by Mr. De La Viña. The motion carried. Dr. Maldonado asked that the Board approve the motion to authorize the college president to revise titles to the Manual of Policy to reflect the approved revisions to AB LOCAL. Dr. Cigarroa so moved and was seconded by Mr. De La Viña. The motion seconded. Regular Board of Trustees Meeting July 26, 2012 Page 5 of 6
EXECUTIVE SESSION At 7:55 p.m., Ms. Mares noted the Board would go into executive session as noted below: CLOSED SESSION WITH THE COLLEGE DISTRICT S ATTORNEY PURSUANT TO TEXAS GOVERNMENT CODE SECTIONS 551.071 AND 551.074 TO CONSIDER CHOICES AVAILABLE TO RESOLVE A STUDENT GRIEVANCE ALLEGING IMPROPER CONDUCT BY A CAMPUS POLICE OFFICER AND RELATED LEGAL ISSUES CLOSED SESSION WITH COLLEGE DISTRICT S ATTORNEY PURSUANT TO TEXAS GOVERNMENT CODE SECTIONS 551.071 AND 551.074 TO DISCUSS OPTIONS FOR ACTING ON RECOMMENDATION TO TERMINATE A TENURED FACULTY MEMBER, INCLUDING SCHEDULING ARGUMENTS BEFORE THE BOARD OF TRUSTEES The Board reconvened from executive session at 8:59 p.m. Ms. Mares noted for the record the Board took no action in executive session. DISCUSSION AND POSSIBLE ACTION CHOICES AVAILABLE TO RESOLVE A STUDENT GRIEVANCE ALLEGING IMPROPER CONDUCT BY A CAMPUS POLICE OFFICER ACTING ON RECOMMENDATION TO TERMINATE A TENURED FACULTY MEMBER, INCLUDING SCHEDULING ARGUMENTS BEFORE THE BOARD OF TRUSTEES PRESIDENT S REPORTS NEXT MEETING DATE Mr. Sherwood moved to proceed as discussed with the College Attorney. Mr. De La Viña seconded the motion; motion carried. Mr. Sherwood moved to instruct administration to schedule a lst level grievance hearing. Judge Martinez seconded the motion; motion carried. Dr. Maldonado noted the reports are provided for information purposes. Special Board meeting for August 1, 2012 Special Board meeting for August 9, 2012 (Oil & Gas item) ADJOURNMENT Mr. Sherwood moved to adjourned at 9:00 p.m. Mr. Carranco seconded the motion; motion carried. Regular Board of Trustees Meeting July 26, 2012 Page 6 of 6