LAREDO COMMUNITY COLLEGE DISTRICT

Laredo, Texas

 

The regular meeting of the Laredo Community College Board of Trustees convened on Thursday, June 26, 2008, beginning at 6:06 p.m. in the Samuel A. Meyer Board Room Laird Hall 124 of the Fort McIntosh Campus.

 

 

MEMBERS PRESENT

OTHERS

ROLL CALL

Cynthia Mares, Vice President

Belinda Guerra,  Secretary

Carlos Carranco, Jr. (arrived at 6:10 p.m.)

Hilario Cavazos III

Juan L. Maldonado

Daniel Flores Jr

Federico Solis, Jr.

Francisco Martinez, Jr.

 

Leonides G. Cigarroa, Jr.

Rene De La Viña

Alfonso Martinez, Ex-officio

Blas Castañeda

Rusty Meurer, College Attorney

Lee Spain

 

MEMBERS ABSENT

Pete Saenz, Jr., President

Edward C. Sherwood

Mercurio Martinez, Jr.

 

 

CALL TO ORDER

 

Ms. Mares called the meeting to order.  Ms. Guerra called the roll and a quorum of the members was present.

 

 

MINUTES

Mr. De La Viña moved to approve the minutes of May 20, 2008, as presented.  The motion was seconded by Ms. Guerra; the motion carried.       

 

PUBLIC TESTIMONY

 

No one signed up for public testimony.

 

COMMUNICATIONS/  INTRODUCTIONS/ RECOGNITIONS

Dr. Maldonado, President, reported the following:

·          Introduced the following new employees:  Pablo D. Morales – Community Outreach Coordinator – Title V, Carlos Miller - Video Network Specialist, and Cecilia Salinas – Academic Advisor – Upward Bound.

 

·          Referred to the LMT Business Journal article featuring the North American Advanced Manufacturing Research and Education Institute, a coalition that stretches from Laredo to Brownsville.  Mr. Blas Castañeda and his division for economic development spearheaded this project.  Additionally, the Future of the Region Conference is scheduled during August in Laredo.  Ms. Mares and Mr. Cavazos indicated they were very impressed with the reception hosted by LCC.

 

·          Mr. Francisco Martinez, Jr. – Provost of LCC South, reported on the work during the past two years on the center, which has been funded through grants from the Martinez Foundation.  He reported the Foundation has issued a check for $120,000 to help LCC continue these efforts in Zapata.  Two classes have been offered per semester for the high school students.  Project Jump Start is on-going in Zapata for in-coming freshmen.  The ultimate goal is to provide them the opportunity to enroll and get credit for 12 college level courses and be able to graduate with distinguished achievement.  Currently the program consists of thirty seven students.  He extended an invitation to the July 7th Closing Ceremony for the Jump Start Program.      

 

 

FACULTY ASSEMBLY REPORT

Dr. Alfonso Martinez, Faculty Assembly President, thanked Mr. Flores for his help on the question of the book prices.  He reported the Assembly is working on finance issues (budget), faculty is gone for the summer, and Dr. Maldonado has been very cooperative.  Ms. Mares thanked him for his work on matters being reviewed by the Assembly.

 

BOARD COMMITTEES ASSIGNMENTS FOR 2008-2010

 

Ms. Mares indicated the Board has certain standing committees and accordingly to policy a recommendation must be made by the Board President to the Board for its consideration and approval.  She indicated the agenda item is the result of input from the Board to the Board President.  Mr. Cavazos moved that the committee appointments be approved as presented.  The motion was seconded by Mr. De La Viña.  Dr. Maldonado requested specific guidelines and parameters be prepared for the Contract Review Board by Administration and Mr. Meurer in order to adhere to all contracts guidelines, codes, and laws as mandates by the education code.  The motion carried. 

   

 

RESOLUTION AWARDING

LAREDO COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES EMERITUS STATUS TO:

MR. J.C. TREVIÑO, JR AND MS. RAQUEL GONZALEZ

Ms. Mares presented the next item that consisted of a request for approval of a resolution awarding Laredo Community College District Board of Trustees Emeritus Status to:  Mr. J. C. Treviño, Jr. and Ms. Raquel Gonzalez.  Dr. Cigarroa so moved.  Mr. De La Viña seconded the motion.  Ms. Mares asked that the resolution be read for the record to acknowledge what is being highlighted about these two very valuable individuals who gave a lot of their time to Laredo Community College.  The motion carried.  Ms. Guerra, Board Secretary, read the resolution recognizing Mr. J. C. Treviño, Jr.  Ms. Mares read the resolution recognizing Ms. Raquel Gonzalez.  Dr. Maldonado mentioned that both of these individuals left a legacy behind of hard work, commitment, and dedication to this institution and community.  He indicated he would schedule, upon Ms. Slaughter’s return, a special function honoring both individuals.      

BUILDING COMMITTEE REPORT

REPLACEMENT OF AIR HANDLERS PROJECT PROGRESS REPORT

Mr. Daniel Flores, Jr., Chief Financial Advisor, reviewed the revised agenda item that includes Change Order Number 2 that reduces the total cost by $1,766.00.  Mr. Robert Sepulveda, College Architect, provided a summary on the status of the project, which is 100% complete at final cost of $4,204,610.  Dr. Cigarroa moved to approve Change Order Number 2 reducing the total cost of the Air Handler Replacement Project by $1,766.00.  Mr. De La Viña seconded the motion; discussion followed.  The motion carried.      

RESTROOM REMODELING PROJECT FINAL REPORT

Mr. Sepulveda reported this is the final report for the acceptance of all the work.  It includes Change Order Number 1 that reduces the total cost of the restroom remodeling project by $30, 832.90 that reduced the project by four restrooms to be included in the master plan.  He reported the contractor, Zertuche Construction, did an excellent job.  Mr. De La Viña moved to approve item 9.b.  The motion was seconded by Mr. Cavazos.  The motion carried.     

FACILITIES MASTER PLAN PROGRESS REPORT

 

Mr. Sepulveda reported he is working on assessing the building.  An outline was provided in draft form for information purposes.  The average cost per home is in the low $90,000.  Mr. Cavazos indicated the cost of restoration of historical buildings is high.  No board action needed at this time.

PRIVATE DAVID B. BARKELEY CANTU MEMORIAL CHAPEL EXTERIOR RESTORATION AND INTEREIOR REMODELING PROJECT

 

Dr. Cigarroa mentioned the committee was given a report on the project and can the accomplished without having to split it as previously recommended; however, there will be a revenue shortfall of $409,082.  The shortfall can be covered with funds in the Deferred Maintenance Projects Fund and value engineering.  The committee evaluated, ranked, and scored the proposals received for this project as follows:  1st:  RM Techcon Construction, LLC and 2nd Zertuche Construction, LLC and recommend entering into negotiations with RM Techcon to complete both the interior and exterior of the Memorial Chapel project.  Mr. Carranco indicated the College followed the State mandates for competitive bid proposals.  Discussion followed.  Dr. Cigarroa moved that the Board approve the ranked proposals recommended by the committee as follows and go into negotiations:

1st:  RM Techcon Construction, LLC

2nd: Zertuche Construction, LLC

 

Mr. Cavazos seconded the motion; motion carried.  Dr. Maldonado requested that the Board approve the transfer of the total unspent Deferred Maintenance Projects Fund revenue to the Private David B. Barkeley Cantu Memorial Chapel Exterior Restoration and Interior Remodeling Project.  Mr. Cavazos so moved and it was seconded by Mr. De La Viña.  The motion carried. 

LAMAR-BRUNI VERGARA ENVIRONMENTAL SCIENCE CENTER ENHANCEMENTS PROJECT

 

Dr. Maldonado reported the Committee met and went through the process of evaluating, scoring, and ranking both proposals for the project.  He requested that the Board approve the ranked proposals recommended by the committee as follows:

1st: Rhino Builders, Ltd.  and   2nd: Zertuche Construction, LLC.  Mr. Carranco so moved to approve the ranking as presented and go into negotiations with the first ranked proposer.  Mr. De La Viña seconded the motion.  The motion carried.  

STUDENT DORMITORIES ADA COMPLIANCE PROJECT

 

Dr. Cigarroa reported the Committee reviewed the proposal to remodel student dorms to make them ADA compliant.  Ms. Mares indicated the Finance & Audit Committee was also given a presentation of this project.  Mr. Sepulveda asked permission from the Board to prepare the construction documents for this project and approval to request  competitive sealed proposals.  Dr. Cigarroa moved that the Board authorize the Administration to issue a “Request for Competitive Sealed Proposals” to refurbish 2 student dormitory units to comply with Americans with Disabilities Act Requirement.  The Board has determined that this purchasing method provides the best value to the district.  Mr. Cavazos seconded the motion.  The motion carried.   

FINANCE & AUDIT COMMITTEE REPORT

ADMINISTRATIVE COMPUTER SYSTEM REPORT

Ms. Mares reported the Committee received a report from Mr. Joe Peña, IT Director, on the status of the BANNER project.  The budget includes backfill positions to help departments meet the needs accordingly.  However, in the HR backfill position the date of January 15, 2009 needs to be changed to August 31, 2009 to coincide with the fiscal year.  This is part of the budget and the project remains within the budget and on time.  Mr. Carranco inquired about implementation surprises.  Dr. Maldonado indicated that administration had anticipated this project to be a labor intensive project but had not factored time.  Another surprise was that BANNER has opened the door for other automated technology processes and current employees will need to be retrained.  Discussion followed.  Ms. Mares moved that the Board approve a budget modification to Backfill Salaries-Professional budget to extend the temporary HR Coordinator backfill position through August 31, 2009.  Mr. Carranco seconded the motion; motion carried.  Ms. Mares moved that the Board approve a budget modification to the Contract Services budget to fund the purchase of an Employment Applicant Tracking/Position Management Web-based service at an approximate cost of $45,500 for Year 3 2007-2008, $35,175 for Year 4 2008-2009, $36,934 for Year 5 2009-2010.  Mr. De La Viña seconded the motion.  Discussion followed.  Mr. Lee Spain, HR Director, explained the use of this service.  The motion carried.    

FY 2009 NEW INSTRUCTIONAL FEES

 

Mr. Fred Solis, Jr., Interim Associate Vice President for Instruction and Student Development, reported the $6.00 fee is for ACT/Compass English as a Second Language Placement Test to determine accurate placement.  Mr. Cavazos mentioned for the record that the tests were scored here.  The fee is the standard fee for all placement tests.  Discussion followed.  A $10.00 lab fee per course for the new Computer Technology Courses, EEIR 1391 and EEIR 1491, is to recuperate the cost associated for expendable supplies used in those courses.  After further discussion, Ms. Mares reported the Committee recommended that the Board approve the new instructional fees for FY 2009:  $6.00 for ACT/Compass English as a Second Language Placement Test and $10.00 for new Computer Technology Courses as outlined.  She so moved.  Mr. Carranco seconded the motion.  The vote was 4 in favor and 2 against; motion dies for lack of a quorum.  The Board reconsidered and after additional discussion, Mr. Cavazos mentioned he usually is against fees but in order to expedite it he moved to bring the item back for another vote.  Mr. Carranco seconded the motion; motion carried.    Ms. Mares indicated that now the Board is again faced with the a request for approval of both instruction fees as recommended by staff for the placement test and the Computer Technology courses ($6.00 and $10.00 respectively).  She so moved; Mr. Carranco seconded the motion.  The motion carried with five votes in favor.  Mr. Cavazos stated for the record, “try to keep down student fees in the future.”  Mr. De La Viña voted against. 

     

FINANCIAL AUDIT SERVICES CONTRACT REVEWAL

 

Ms. Mares reported the Committee reviewed the recommendation to renew the Financial Audit Services Contract with the Firms of J. Clayton Baum and Associates.  It is a matter of making modification to the current contract by adding the CPI (Consumer Price Index), which is about 4.6%.  It takes the current fee of $45,000 to a proposed fee of $47,070.  Mr. Carranco mentioned that staff has worked diligently and professionally with this firm.  Being that the case, he moved to renew the financial audit services contract with the firm of J. Clayton Baum for a fee not to exceed $47,070 for the audit of fiscal year 2008.  Mr. De La Viña seconded the motion; motion carried.

PURCHASE OF FURNITURE FOR STUDENT DORMS

 

Ms. Mares reported the Committee heard a presentation from Dr. Maldonado and Ms. Suzanne Ramirez.  The recommendation discussed by the Committee is to accept the proposal from KLN Steel Co.  for the purchase of dorm furniture for 120 units.  Dr. Maldonado reported the dorm furniture has been in place for 20 years and is in dire need of replacement.  Two bids were considered and administration, given the specifications that required metal and strong wood furniture, recommended that KLN Steel Co. be the one to get the contract for this furniture.  Discussion followed.  Mr. De La Viña moved to approve that the Board authorize administration to accept the proposal from KLN Steel Co. for the purchase of furniture for 120 units in the Student Dormitories for $182,315.20 as the bid that provides the best value for the institution.  Discussion continued.  Mr. De La Viña called for the question.  Mr. Cavazos seconded the motion; motion carried.

NEW EQUIPMENT PURCHASES

 

Mr. Solis presented the item to request the purchase of equipment for the Distance Learning department (to increase work efficiency) and the Zaffirini Library (to provide safety).  Mr. Cavazos moved to approve the request to purchase the following new equipment:  1) TriCaster Pro Video mixer for the Distance Learning department and 2) GeoVision Video Surveillance System for Zaffirini Library, not to exceed $12,636.01.  The motion was seconded by Mr. De La Viña; motion carried.

APRIL AND MAY MONTHLY FINANCIAL REPORTS

 

Ms. Mares reported the Committee reviewed the May report, as per the presentation by Ms. Lynda Gomez.  Ms. Mares indicated there is nothing out of the ordinary to report at this time.  No action is required this month. 

PRESIDENT’S REPORT

 

The report was presented for information purposes.  Dr. Maldonado reported that administration is working with Chief Cortez to be extra vigilant on parking lot vehicle break-ins.  He expressed concern on a missing Harp, since 2005, which had not been reported.  Discussion followed.  Ms. Mares reminded Dr. Maldonado about previous discussions the Board stressed the College needs to stream-line and tighten the inventory recordkeeping methods.

 

EXECUTIVE SESSION

 

 

Ms. Mares mentioned the procedure followed for a grievance hearing requires that she inquire if parties want the grievance heard in open or closed session.  She inquired who was representing Mr. Leija.  The attorney identified himself as Mr. George Altgelt and indicated they wanted the hearing in open session.  She asked Dr. Maldonado about his preference of an open or closed session to which he indicated he preferred closed session but did not have any objections to an open session.  For the record, Mr. Cavazos mentioned that Mr. George Altgelt is the attorney for Texas State Teachers Association.   TSTA is an organization in which he is a very active member as a secondary officer at large and also the Region 1C President.  Mr. De La Viña mentioned that he is part-time staff of TSTA, thus resulting in a conflict of interest.  Ms. Mares indicated the Board would go into executive session for a closed session consultation with the Laredo Community College District’s attorney regarding legal issues concerning the Level III grievance hearing of Calixto Leija pursuant to Texas Government Code Section 551.071. 

 

On a separate issue Dr. Cigarroa asked permission to mention the following:  “There isn’t a single Board member who is in favor of increasing student fees.”  He referred to an institution by the name of Mercy Hospital that gave millions of dollars in charity care for this community.  Mercy had to close its doors because they could not afford to give any more due to lawsuits.  He quoted a saying of Sisters of Mercy, “No damos servicio para cobrar, pero tenemos que cobrar para dar servicio.”  He stressed and asked that everyone understand that the Board does not want to raise fees but the reality is that we are an economy where we live in a State that has dramatically reduced the amount of money to the College and the money has to come from somewhere.

 

Mr. Altgelt asked to address the Board before going into executive session because he would raise a couple of legal issues that the college’s legal counsel would be able to consult with the Board.  Mr. Meurer clarified that the Board could go into executive session under item 12 to discuss legal issues related to this grievance.  The grievance is requested under open session.  He stated the Board and the attorney would not be deliberating about the subject matter of the grievance but he would bring up legal issues under closed session to protect the communication with the attorney/client privilege. 

 

At 7:55, Mr. De La Viña so moved that the Board go into executive session.  The motion was seconded by Mr. Carranco; motion carried.  The Board reconvened from executive session at 8:20 p.m.  Ms. Mares indicated that no action was taken.

 

 

 

 

LEVEL III GRIEVANCE HEARING OF CALIXTO LEIJA

 

Ms. Mares indicated the Level III grievance hearing of Calixto Leija allowed for a possible closed session pursuant to Texas Government Code Sections 551.074 and 551.082.  Both participants agreed they wanted an open session.  Mr. Altgelt mentioned that after discussing the issue with Mr. Meurer, college attorney, it was determined that four Board members could actually entertain a decision on this issue.  He concluded there was no quorum and requested a special called meeting with a quorum present.   Mr. Carranco moved to defer this item for the next Board meeting.  Ms. Guerra seconded the motion; motion carried. 

 

NEXT MEETING DATE

 

To be announced.

ADJOURNMENT

 

At 8:25 p.m., Dr. Cigarroa moved to adjourn the meeting and was seconded by Ms. Guerra; motion carried.