The regular meeting of the Board of Regents of the Del Mar College District opened in Room 102 of the Barth Learning Resources Center, Del Mar College West Campus, Old Brownsville Road, Corpus Christi, Texas, at 2:55 p.m. on Tuesday, March 7, 2000, with the following present:
From the College:
From the Attorney's Office:
Others:
Mr. Ralph Diaz, president of the Board, presided and with a quorum present, called the meeting to order.
The meeting began with Dr. Dicianna's presentation of a plaque to Mrs. Vickie Natale for her service to the Texas Association for Institutional Research.
Mr. Diaz then read a statement concerning the behavior and actions of those that wish to speak at the Board meetings, and then asked for public comments.
Mr. Buck Sosa addressed the Board concerning the naming of buildings after Solomon Coles and Carlos Truan, and asked the Board not to name any building until there were two buildings to be named.
Mr. Xico Garcia, commander of the American G. I. Forum, expressed his support for Senator Carlos Truan, and requested that the Board name two buildings after Senator Truan and Solomon Coles.
Ms. Maria Louisa Garza, chief executive officer of Gulf Coast Council of LaRaza, expressed her appreciation for the work the Board members do and requested that the Board unite the community by ending the controversy surrounding the naming of the buildings on campus.
Mr. Wilson Pickering, faculty member in the music department, expressed his concern regarding negative comments made to the media regarding the recent SACS visit.
Mr. Ricardo Gonzalez also requested that the Board end the controversy in the community over the naming of the buildings.
Ms. Anne Dodson and Ms. Elinor Dodson expressed their support for naming the classroom building after Solomon Coles.
Rev. Harold Branch asked the Board to follow through on their previous motion to name two buildings after Solomon Coles and Senator Carlos Truan.
Mr. Rufus Avery, Jr., expressed his disappointment with the Board's acceptance of the packet nominating Carlos Truan, and voiced his support for Solomon Coles, for the naming of the classroom building.
Ms. Agnes Horn expressed her support for naming the classroom building after Carlos Truan.
Ms. Tina Butler, representing the Texas Association of Black Personnel in Higher Education (TABPHE), summarized events at previous meetings related to the naming of the classroom building. She informed the Board that TABPHE was requesting clarification from the Attorney General and the Coordinating Board on actions taken, and asked that the Board table the item until clarification was received.
Rev. Harry Williams expressed his disappointment with the Board's handling of the issue of naming the classroom building.
Mr. Bert Quintanilla, speaking on behalf of Jaime Capelo who had to leave the meeting, explained that Mr. Capelo had been invited to submit Senator Truan's name, and he was under the impression that all politicians were presented with the same opportunity.
Mr. Mike Zepeda voiced his support for the College, but requested the Board made a decision concerning the naming of the building to end the division in the community.
Mr. Robert Bridwell, representing Destination Imagination, extended their appreciation to several administrators and staff members for their assistance in organizing the event recently held on campus.
Mrs. Mary Thorpe commented on the good behavior the students that participated in Destination Imagination.
Mr. Willie Fleming asked the Board to make a decision to name the new classroom building after Solomon Coles.
With no further public comments, the Board moved to action items on the agenda and began with the item related to naming of College facilities.
Mrs. Winters made a motion, seconded by Mrs. Adler, that the Board of Regents name the general classroom building on the East Campus Solomon M. Coles, and that the health science building to be constructed on the West Campus be named Carlos Truan Health Science Center. After a lengthy discussion, Mrs. Winters repeated the motion and Mrs. Spann requested a roll-call vote. Those in favor of the motion were Saenz, Whittle, Muñoz, Adler, Davila, Winters, and Diaz; opposing were Spann and Gonzales. The motion carried.
The Board then recessed for approximately ten minutes, from 3:55 p.m. to 4:05 p.m.
Mr. Diaz continued with the action items on the agenda. The first item was the approval of minutes.
A motion was made by Mr. Muñoz, seconded by Mrs. Gonzales, to approve the minutes of the Regular Meeting, February 8, 2000; and the Audit Committee, February 21, 2000, and the motion carried. (Mrs. Spann was not present during the vote.)
Rev. Davila reported that the Buildings and Grounds Committee had postponed a decision on the York Street property until an appraisal is received.
Ms. Karen Densen, with the auditing firm of Fields, Nemec & Co., reviewed the change made concerning legal proceedings in their original engagement letter to serve as external auditor for the year ending August 31, 2000. She confirmed for the Board that fees would not exceed $25,000.
Rev. Davila made a motion, seconded by Mr. Muñoz, to approve the letter of engagement, as modified, from the firm of Fields, Nemec & Co., for the external audit for the year ending August 31, 2000, and the motion carried.
The next item on the agenda was the quarterly investment report.
Mr. Muñoz made a motion, seconded by Rev. Davila, to accept the quarterly investment report for the period December 1, 1999, through February 29, 2000, as presented, and the motion carried.
Consideration of a change in the College's asset capitalization policy was discussed next.
Mrs. Adler made a motion, seconded by Mr. Muñoz, to change the policy to raise the capital asset level from $300 to $1,000, except for audio/visual equipment, and the motion carried.
Rev. Davila reported that liquidated damages for the Harvin Center Project would be discussed in a closed session at the end of action items. Rev. Davila also reported that the Buildings and Grounds Committee had recommended discussion and action on liquidated damages for the ADA Phase VI Project be postponed until the April Board meeting.
Rev. Davila reported that the Buildings and Grounds Committee recommends that the Board accept competitive sealed proposals in seeking a construction contract for the Harvin Center Phase II Modifications Project, with an estimated project cost of $821,000, and the motion carried.
Rev. Davila announced that the Committee had also made a recommendation to accept the concept of Phase 1 of the Facilities Master Plan for an initial five-year period, beginning this year. After a brief discussion, Rev. Davila restated that the Committee recommends that the Board accept the concept of the Facilities Master Plan, and that the Board can adjust the plan accordingly over the next five years. Mr. Muñoz seconded, and the motion carried.
No action was taken related to the Center for Early Learning.
Dr. Dicianna reviewed the situation concerning the Equistar foreign trade zone request. He explained that an agreement had been made between Equistar and Tuloso-Midway ISD and Calallen ISD, and requested the Board authorize him and Mr. Diaz to negotiate a similar agreement. Mr. Diaz requested the agreement be reviewed by the Board before final approval.
Rev. Davila made a motion, seconded by Mrs. Winters, to allow administration to pursue a hold harmless agreement with Equistar, similar to their agreement with Tuloso-Midway and Calallen ISDs, and return to the Board for review. The motion carried.
Dr. Dicianna requested the Board's consideration in waiving the tuition for dual credit courses for students in the district. He proposed that for those students in the service area but not the taxing district, that the difference in in-district tuition and out-of-district tuition be waived. Dr. Dicianna explained that this type of waiver was provided in the statute. Mrs. Berta Flores, coordinator of dual credit classes at the College, provided information on the program.
Rev. Davila made a motion, seconded by Mr. Saenz, to accept the addendums to the dual credit agreements with area school districts as presented, and the motion carried. (Mr. Muñoz was not present during the vote.)
Mr. Alaniz presented the financial statements for the month of January 2000.
Mrs. Adler made a motion, seconded by Rev. Davila, to accept the financial statement for the month of January 2000 as presented, and the motion carried. (Mr. Muñoz was not present during the vote.)
Mr. Alaniz then reviewed the investments made during the month of February 2000.
Mrs. Winters made a motion, seconded by Mrs. Adler, to accept the investments for the month of February 2000 as presented, and the motion carried.
Under Staff Reports, Dr. Dicianna announced that Dr. Armenta had to leave the meeting, but a memo concerning faculty promotions had been distributed to the Board.
Mr. Henry Garcia provided an update of the College's participation in the TEXAS Grant Project. He reviewed the criteria and qualifications they had to meet and gave statistics on the number of students assisted.
Mrs. Rosie Garcia, Ms. Cheryl Pfoff, and Mrs. Lenora Keas, representatives from the Council of Chairs, read a letter expressing their appreciation to the Board. They commented on the response from the SACS Reaffirmation Visit regarding the Board, and expressed their belief that a Board member had violated three SACS criteria, and denounced the Board member's actions.
Dr. Dicianna commented on the SACS visit and explained the self-study process. He reported that he looked forward to a positive response from the reaffirmation process. Dr. Dicianna announced that the regional ACCT meeting would be held in June, and the national meeting in October. He also reported that Ernesto Gonzales, a staff member in Solomon Ortiz's office, had offered to assist the College with grant writing. Dr. Dicianna commented on a grant for the Early Learning Center and a possible agreement with the Border Patrol.
Mr. Diaz thanked the administration and staff for their work during the SACS visit and read a statement. He reviewed the reaccreditation process and commented on the report. Mr. Diaz expressed concern for the three recommendations related to the Board. He reported that the suggestions and recommendations would be examined during the next five months, and that a decision from SACS would be made in December.
Mr. Diaz then read a public decorum statement taken from the city council which would regulate behavior and action by individuals speaking at the Board meetings. Mr. Saenz stated that he would submit modifications and additions for the Board to consider.
Mrs. Gonzales and Mrs. Spann reported on various issues that were discussed at the ACCT meeting they recently attended. Mrs. Spann informed the Board that she would compile a workbook with the information she gathered.
Mrs. Spann requested that her Regents reports and comment items on the agenda be postponed until the next meeting.
Rev. Davila and Mrs. Spann left the meeting at 5:08 p.m.
Mr. Diaz announced that the Board would move into closed session in accordance with Section 551.071 of the Government Code, beginning at 5:10 p.m.
The Board ended its closed session at 5:57 p.m. and reconvened.
Mr. Muñoz made a motion, seconded by Mrs. Gonzales, to assess liquidated damages for the Harvin Center Project as recommended by staff in the amount of $17,500, and the motion carried.
With no further business, the meeting adjourned at 5:58 p.m.
bk/regmar07.00