Merced Community College District Board of Trustees Minutes for meeting held August 6, 2002 1. Public Session Call to Order The meeting was called to order at 5:00 p.m. in the Board Room at the Tri- College Center, Merced College main campus, Merced. 2. Closed Session The Board President referenced the items to be presented during closed session then closed the meeting to the public. Closed session items are listed below. C PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE C CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T. Duran, to discuss negotiations with MCFA Chapter 770 C CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T. Duran, to discuss negotiations with CSEA, Chapter 274 C CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Larry M. Johnson, to discuss negotiations with CSEA Chapter 274, DUI Unit C CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Benjamin T. Duran, regarding the Los Banos Campus C Evaluation of the Superintendent/President 3. Resume Public Session The public session reconvened at 6 p.m. Trustee Vierra led the Pledge of Allegiance. The Board President announced there was nothing to report out of the closed session that preceded the public meeting. Members Present: Lewis S. Braxton (Board President), Eva de Long, Les McCabe, Eugene J. Vierra, Robert Haden, Jinet Troost, Jim Glidden Members Absent: Mary Lewis Others Present: Ben Duran, John Spevak, Allan Grimsby, Larry Johnson, Dee Near (Faculty Senate), Nick Rocco (CSEA), Manuel Costa (Classified Senate), Anne Newins (Management Team), Jeremy Thorn, Juan Martinez, Jeffrey Baratta (Attorney, Stone & Youngberg) Dave Younger (Architect), 4. Hearing of the Public An opportunity was provided for members of the public to address the Board; there were no questions or comments.
5. Minutes MSCU (Haden/McCabe) to approve the minutes of June 18 and July 16, 2002 as presented. 6. Presentations a. Second Report from Jeremy Thorn Education Research Jeremy Thorn reported that his firm had completed its second tracking poll regarding a possible bond measure for the College District. The first poll included a broader cross section of people. The second poll included only high propensity voters. The second poll indicated there has been an increase in political support and a slight decrease in the tax rate tolerance but that the District is still in the 55 percent and above approval rate. Support for projects that would be funded by the bond has remained unchanged. Overall indicators are still very good for a favorable bond measure on the east side (Merced Campus area). There has been very little change among voters on the west side (Los Banos Campus area). Facilities support remains very solid and the approval rate is again over 55 percent. Mr. Thorn felt the District is on track for a successful bond election and recommended the Board move forward with placing a bond measure on the November ballot. a. Presentation Regarding the College Preparatory Charter High School No one was present at the time the item was scheduled to be heard. Dr. Juan Martinez, Executive Director, Career Development and Technology, Inc., arrived later in the meeting and was allowed to address the Board upon his arrival. Dr. Martinez=s organization, an affiliate of California Charter Academy, will open its College Preparatory Charter High School in September 2002. It will be located in Winton and will house 300 students, primarily Winton residents. A packet of materials was distributed to each member of the Board to review at their leisure. Trustee McCabe asked that Dr. Martinez be given the opportunity to speak to the Board at another meeting to further discuss the Charter High School. 7. Public Hearing A special public hearing was called to order at 6:15 p.m. for the purpose of hearing public comment on the Resolutions of Intent to Form School Facilities Improvement District No. 1 (Merced Campus Area) and School Facilities Improvement District No. 2 (Los Banos Campus Area). The Resolutions were
adopted by the Board at the July 16 Board meeting. There were no comments or questions and the public hearing was closed. 8. To the Board for Action a. Adoption of Resolution of Formation of School Facilities Improvement District1 (Merced Campus Area) The Board President opened the discussion. Trustee McCabe asked who would prioritize the list of proposed projects. Dr. Duran responded this would be accomplished by the administration, working with the architects and planners. He pointed out that the list reflects facilities and programs sent forward by the Facilities Master Planning Committee and the Educational Master Planning Committee. A final list of projects will be determined following the November election because phasing of the projects will depend on the outcome of the State bond election. Architect Dave Younger pointed out that the list reflects more projects than can possibly be funded with the bond because of the implications that will be brought about by the outcome of the State bond election. The longer list of projects gives the District more flexibility in bringing projects on line. Trustee Glidden asked about the role of the Citizens Oversignt Committee. Jeffrey Baratta responded that the role of the committee varies from district to district. A statutory role of the Committee is defined in legislation and is very specific. The intent of the Committee is to review what is being done with bond dollars to make sure projects undertaken reflect what the District said would be done with bond revenues. MSCU (Haden/Troost) to adopt Resolution 03-03 ordering the formation of School Facilities Improvement District No. 1 (Merced Campus Area). b. Adoption of Resolution of Formation of School Facilities Improvement District 2 (Los Banos Campus Area) MSCU (Vierra/de Long) to adopt Resolution 03-04 ordering the formation of School Facilities Improvement District No. 2 ( Los Banos Campus Area). c. Adoption of Resolution Ordering Bond Election in School Facilities Improvement District 1 (Merced Campus Area) MSCU (Haden/Glidden) to adopt Resolution 03-05 ordering a School Facilities Improvement District Bond Election in and for School Facilities Improvement District No. 1 (Merced Campus Area), and authorizing necessary actions in connection therewith.
d. Adoption of Resolution Ordering Bond Election in School Facilities Improvement District 2 (Los Banos Campus Area) MSCU (Vierra/Glidden) to adopt Resolution 03-06 ordering a School Facilities Improvement District bond Election in and for School Facilities Improvement District No. 2 (Los Banos Campus Area), and authorizing necessary actions in connection therewith. 1. Consideration of Consent Agenda MSCU (Haden/de Long) to approve the consent agenda as summarized below: a. C o n t r a c t s a s Summarized on Schedule 03-01 a. Warrants, Payroll Registers and Trip Requests as Summarized on Schedule 03-02 a. Resolutions 03-07 through 03-11, Intrabudget Transfers a. Resolutions 03-12 through 03-17, Use of Unbudgeted Funds a. Personnel Schedule 03-03 f. Accept Donation of 20 Electric Vehicles from Pathways Research LLC a. Purchase Orders as Summarized on Schedule 03-04 b. Authorize Destruction of Class 3 Records for the Fiscal Services Office Trustee McCabe pointed out an error in the page numbering of the items presented for approval on the consent agenda. 10. To the Board for Discussion and/or Action a. Adoption of Board Policies and Administrative Procedures MSCU (Vierra/McCabe) to adopt board policies and administrative procedures as listed below. BP/AP 4020 BP 4030 BP/AP 4040 BP/AP 4070 AP 4104 AP 4105 AP 4222 BP/AP 4230 BP/AP 4235 BP/AP 4300 BP/AP 5055 Program and Curriculum Development Academic Freedom Library & Other Instructional Support Services Auditing and Auditing Fees Contract Education Distance Education Remedial Coursework Grading Symbols Credit by Examination Field Trips and Excursions Enrollment Priorities
AP 5052 BP 5200 BP/AP 6400 BP/AP 6500 BP 6520 AP 6530 AP 6535 BP/AP 6540 BP/AP 6550 BP/AP 6600 Open Enrollment Student Health Services Audits Property Management Security for District Property District Vehicles Use of District Equipment Insurance Disposal of Property Capital Construction Trustee Glidden raised a question regarding Administrative Procedure 6535 as it pertained to the removal of personal computers by faculty for use off campus. He would like to see the policy and/or procedure carry with it an implied level of responsibility for the equipment by both the District and the individual removing the equipment. He suggested this might be accomplished by changing the Removal of District Property Form. This will be discussed further with Dr. Johnson. a. Annual Distance Education Institutional Survey for 2001-02 MSCU (Haden/Glidden) to approve the Annual Distance Education Institutional Survey for 2001-02. a. Award of Bid for Remodeling the College Theater - Access Compliance MSCU (Glidden/de Long) to award the bid for Remodeling of the College Theater/Access Compliance project to Cen Cal Construction of Atwater in the amount of $183,513.00. a. Permission to Sell District Equipment MSCU (Glidden/McCabe) to declare certain equipment no longer suitable for educational purposes and to delegate the Director of Purchasing the authority to dispose of same by sale, donation, and/ or disposal. a. Approval of Reclassification Recommendations MSCU (Glidden/Vierra) to approve reclassification recommendations as presented. f. Authorize Lease Replacement of Network Equipment MSCU (McCabe/Haden) to authorize the purchase of network equipment from WSCA and to enter into a five-year financing agreement. g. Award of Bid for Lease of Krafft Ranch Property
Because no bids were received, Dr. Johnson recommended that the Board authorize the Administration to award a three to five year lease of the Krafft Ranch (pursuant to all legal requirements) to the lessee submitting the best negotiated rental agreement and that no less than $800 a month be accepted. Trustee Glidden asked why dollars raised through the lease are deposited into the farm account. Trustee McCabe said this had been done for a number of years because of a stipulation in the will of the family who left the property to the College. Trustees Glidden and McCabe disagreed on how lease funds should be handled. It was agreed the discussion would continue at another time after the administration has an opportunity to research the terms of the will. MSCU (McCabe/Glidden) to authorize the administration to enter into a three to five year lease at a negotiated monthly rate of not less than $800.00. 1. Information & Questions a. From Board Members Trustees Troost, Glidden and Vierra had nothing to report. Trustee Haden was excited by the momentous decision made by the Board to move forward with a bond election. He felt it will be very important to have the support of the faculty if the election is to have a favorable outcome. On a sadder note, he reflected on the death of Ed Bean, retired faculty member. Professor Bean had been a positive influence on the lives of many students at Merced College; he was a credit to the teaching profession and to Merced College. He will be missed by many. Trustee McCabe commented on his participation in the Merced County School Board Association=s annual conference. Trustees de Long and Braxton also attended and shared some observations regarding the conference. Trustee Braxton indicated the meetings of the Board of Governors will be video conferenced to various sites throughout the state. He felt it would be a good experience for as many as possible to view the board at work. b. From Faculty Senate Dee Near had nothing to report. c. From Faculty Association Dee Near said the Faculty Association also had nothing to report.
d. From CSEA Nick Rocco reported two delegates were attending the state conference in Sacramento. e. From Classified Senate Manuel Costa had nothing to report. f. From Management Team Anne Newins indicated members of the Management Team are eager to obtain information regarding the does and don=ts of what can and cannot be done by staff who may wish to get involved in the college=s bond election. Dr. Duran will be invited to attend the first meeting to discuss this issue with managers. g. Superintendent's Report Dr. Duran reported there is still no state budget. As a result, there is very little change on the horizon regarding the District=s 2002-03 budget. Administrators will be out of town August 7-9 for an administrative retreat. In their absence Dr. Susan Walsh will serve as administrator. Plans are moving along well for the 40 th anniversary celebration on September 7. The featured, special guest of the day will be Jim Morris. He will address the public at 6 p.m. in the College Amphitheater. His life story was told in the film AThe Rookie.@ Dr. Duran reminded everyone of the back-to-school barbecue scheduled for August 16 and the President=s Circle barbecue on August 22; both events will be held at his home. And finally, he reminded those trustees whose terms end in November that the last day to file papers is August 9. h. Correspondence None 1. From the Board for Discussion and/or Action a. Selection of Method to be Used in the Event of a Tie Vote During Board Member Election Trustees at a previous meeting had asked for additional information regarding the options available to the Board for determining a winner in the event of a tie vote during a board election year. Dr. Duran shared with trustees a copy of Education Code Section 5016 which outlines the
options a board may use in breaking a tie vote. Brief discussion followed. MSCU (McCabe/Haden) to break a tie vote with a coin toss. a. Set Meeting Dates for the Month of September MSC (McCabe/deLong) to schedule a special meeting on Tuesday, September 3, for the purpose of holding a workshop on the 2002-03 budget -- closed session to be held at 5 p.m.; the public session at 6 p.m. A no vote was cast by Trustee Vierra. MSCU (McCabe/Haden) to hold the regular business meeting of the Board on Tuesday, September 10 B closed session at 5 p.m.; the public session at 6 p.m. 13. Future Discussion Items from Board Members Trustee Braxton asked that the District=s reimbursement policy be placed on the next agenda. Trustee de Long asked for a report on summer attendance. Trustee Troost asked for a copy of the Facilities Master Plan. Trustee McCabe asked that additional time be set aside for further discussion of the new charter school to open in Winton in September. The meeting was adjourned at 7:28 p.m. Approved Secretary to the Board of Trustees