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Good morning, welcome to the regular meeting of the Board of Regents to Del Mar College convening at 10:32, we're a few minutes late. Sorry about that, on Tuesday, May 9th in the Isensee Board Room. We have a quorum, so I'm calling the meeting to order. We're gonna begin please with a moment of silence. Thank you. I'm gonna ask Avery just to lead us in the Pledge of Allegiance here. - [Avery] Sure. - [Crowd] I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. - Would you please join us as we repeat, recite, and remember together the Del Mar College mission statement. - [Crowd] Del Mar College provides access to quality education, workforce preparation, and life-long learning for student and community success. - And as a reminder that Del Mar College is streaming the live audio and video from the official Board of Regents meetings on the College's website in real time with the exception of portions of the meeting considered as closed session by statute. One other brief announcement Regents. You may know that we have new microphone stems which puts the microphones up closer to you. You still have to kinda look sideways to see if the red is on to know that you're on. So you may want to be sure you mute them in between otherwise paper shuffling noise clicking of pens, all sorts of stuff picks up on those microphones. They're a little bit more sensitive so just wanted you to be aware of that today. The first item on our regular agenda is the discussion of possible action related to the use of the workforce development project surplus funds and authorizing the administration to include such building additions and insight enhancements in the workforce development building project. Mr. August Alfonso. - Thank you, good morning. On March 14, 2017, the Board authorized the administration to expand the 1.398 million surplus budget for the workforce development center project, for additional learning space, as well as site improvements. After further consultation with the entire design team as well as Turner Ramirez and working with Dr. Beth Lewis and Lenora Keas, the following presentation represents the actual additional learning spaces and building enhancements that will be incorporated through the project in addition to the original base bid as well as the ultimate bid that you priorly approved. Note that the additional cost will be 1.28 million and 500 dollars, which will leave $114,500 as still as a construction contingency fund. So without further ado, I have Turner Ramirez and his partner here to do the next presentation. - [Trey] Good morning folks. - Good morning, how are ya'll today? - Good. - Very good thank you. - Mr. Chair, Regents, Dr. Skamium. We're glad to be here today. Obviously as August mentioned, we had a surplus in the construction funds available for the workforce development center. And through obviously ya'lls leadership we were able to look at the possible best and highest use for the remaining funds available for the construction of the workforce development center. Through that and through ya'lls direction, we went and met with the stakeholders in the various departments as to try to ascertain their input as to the best and highest use of those dollars and what would be the most effective use of those dollars for the programs that are so desperately needed to have these improved facilities within the campus, within the West Campus. And so, through those meetings, we came up with several options that we presented to them. Some of those options originally slated for general purpose classrooms as a possibility. Some of those options included an expansion to the welding bay facilities. Some covered work areas. Also, some technological upgrades to the building itself. And through those discussions what came out just based on kind of a general direction, we basically took the preferred items and met with the general contractor and fully vetted and developed those concepts in a way that we were able to establish an effective budget, a conservative budget but an effective budget as to what those particular items may cost from a construction stand point. And through that, we then, once we felt very comfortable with the numbers, went back to the group and said, you know basically here's your menu and these are the costs associated with these items and what out of these items would ya'll think from the stakeholders and the user groups and the administration, what would be the best use in ya'lls mind of these dollars? And maintaining the full line of communication throughout the whole process to make sure that we were all on the same page. And that as we move forward that we were headed in the right direction. So with that, you know I'll, I'm gonna turn it over to Kyle. He's gonna describe the actual options of what we're presenting today that we've settled on with the group and for ya'lls information and input. And hopefully after today you know, ya'll will find those additions to be acceptable and worthwhile of those additional dollars. And then we will obviously go finalize the design of those and then move forward with them as integrated into the project. I do want to say that one thing that was very critical in this discussion was that all of these additional scopes that we are talking about here, the intent all along, and I think the direction we received from the Board was that none of these are anticipated to impact in any way, shape, or form the overall delivery date of this project. So, that was utmost and most critical so we've talked through the viability of these things with a contractor, with our consultants, with our internal design team, and we feel 100% confident that this in no way will affect the overall delivery date of this project, only would seek to make it better. So with that, I'm gonna go ahead and turn it over to my associate Kyle here. And he's gonna take you through the individual options that we've settled on so. Thank ya'll very much. - [Trey] Thank you, Turner. - So, to reiterate a little bit of what August said. When we started out with this we were very, very fortunate in the bidding situation to have a post-bid owners allowance just shy of $1.4 million. That was our driving factor and we wanted to leave a little bit of cushion room as August had mentioned. You know, we'd never want to take it all the way there and have anything come up. So we took that into consideration when we were preparing the options. So the first option we looked at throughout the design process. It was a constant coordination between ourselves and the end users in the administration. And a concept that kept coming up was we're designing for 16 welding bays originally and the need dramatically outgrew that and was always a concern through the process. So we were able to find ourselves in a very fortunate situation to approximately double the size of the welding bay as an option. As we've laid this out, we go from 16 to a minimum of 32 and depending on how we can work the design, up to about 36 welding bays, which would be a net of 16-20 additional welding bays that could be utilized by the College in that space. We're also investigating this option in area for the robotic welder that I don't believe currently has a home but with this, presents the opportunity for additional space to house that phenomenal piece of technology in the welding department. In addition to this, there was some expressed need for additional covered outdoor work area. We had accommodated some, but you can see by the orange in the presentation here in front of us that we were able to really rim the perimeter of the inside lay-down area of the building provide tremendous amount of additional outdoor work area that would be shaded from the sun and also from the rain, allow kinda year-round operation of that, and that's approximately 6,000 square feet that we're able to slate in the additional funding that was voted on the committee to improve that. - [Susan] Kyle, where's north again? - [Kyle] North is actually to the right of the page. So, that would be kinda south would be, yeah. Correct, wherever that little hand is over there. That would be the north side of the building. - [Susan] Okay. - [Kyle] So that was option number two and then the third option, which we were able to do, which you know, the menu allowed us to do was this element called Sage Glass. To back up a little bit and I don't think this is turned on. I have a little bit of a presentation for you. - [Trey] Can you move it a little bit? - [Kyle] Sure, I absolutely can. - [Trey] Top of this tall wood over here. - [Kyle] Top of this tall wood over here? You want to play Vanna White? (speaking off microphone) It's a little heavy so might be Vance White, but um. - [Turner] Can everybody see that? (laughs) - [Kyle] Yeah, that will be perfect. - [Turner] Flat surface to put it on. I'm not trying to dump it on the TV screen. That would be an expensive day here. - [Kyle] We don't have that much left in the photos, so. So the last option is this element called Sage Glass. And what this is, is as a backdrop currently where we have all the store front windows. In the original schematic design Regent Scott, you had pointed out that there was some concerns with the south facing glass and how that heat would impact and the light would impact those learning spaces. So we had actually designed the building to have a bit of an overhang to catch that. But we were presented with the unique opportunity with this to replace the manual-operated chain blinds that come down and shade that off, which allow the heat to come into the building, they're just more there for light and presentation of the users. And to use this element, which is actually built into the glass itself. Without getting too technical about what it does, basically it's a responsive glass that tints down based off of a photocell that's built into the facade itself. So, on the east facade, it'll tint to a certain level to maximize color rendition within the space, as well as reduce heat gain and make the space a lot more comfortable at the end of the day. And in addition, the unique part about this system, it's not only responsive, it allows the end user to have a dimmer switch within the room. So if I'm a professor, and I know I'm gonna be doing a presentation, I can actually go to a switch on the wall, hit it a few times, dim it down to 100%, which I believe the top of that glazing is currently dimmed to 100%, ultimately, not fully blacking out the room but darkening it enough to have a learning space where it won't impact the presentation but still allow views out of those windows into the adjacent courtyard on the south side that we were fortunate enough to accept as well as some security into the adjacent parking lot. This, we feel is gonna be a tremendous, you know, utilization of the emerging technologies of how glazing is really treated. We've been dealing kinda the same manual-blind technology for about 20 to 30 years now. So, this is a technology that the end user committee, as well as the administration feels would be a phenomenal way to really have the building respond to the environment around it and make it more comfortable and more technical learning space as a show piece in this building. - And there's a couple, to add to that, there's a couple of interesting things that you know, that Kyle kinda touched on. At night, you know this is responsive so it can be set to a photocell or a timer on a building control system. And basically at night, you know those windows they basically go to clear you know. And whenever the sun, the building starts, you could program it to the timing of the scheduled classes. Each individual window can actually have its own you know, program settings. So if you know you're gonna have a class starting at 8:00 in the morning and you've got you know, an eastern exposure and you're gonna get some direct sunlight in there, it can respond aggressively to that, and as the day wears on and the sun tracks differently, the glass generally can go ahead and clear up, but if the professor comes in and wants to go ahead and override that because hey look, we've still got a lot of indirect light and the room is still very light then go hit that dimmer switch and it takes about from a fully clear or it's not really truly, fully clear but from a clear setting to a blackout setting, you know, less than five minutes to transition all the way to that. So you can set it ahead of time or as soon as he walks in the room go ahead and hit that button and by the time he starts class or she starts class, they have a presentation-ready room. And there are very few moving parts to this, to actually, it's actually powered through, basically ethernet. So it's a low voltage system to where it's not a, there's no moving parts in this system. It's simply a film that is applied to the inside of one of the interior surfaces of the window and the window itself is a normal impact resistant, insulated type assembly. So there's nothing unique about it other than the film that's placed in there. And it basically is excited electrically that creates the tint. Think about it almost like those transition lenses that you wear in your glasses that people see when you walk out into the shade all of a sudden it kinda turns like that. This is done, but it's done through an electro-magnetic you know, basically a charge that's put through the film of the glass. So again, from a maintenance standpoint people will ask well you know, can you break it? How does it work? You know, the window is cleaned. It's operable just like the surfaces are all the same as a normal glass window and so the only potential failure point is just basically the network cabling itself which is easily you know, done as we live in an internet and data world. I mean, that's the way things are going. Another for instance is you know lighting is actually going that way as well. You're seeing a lot of lighting start to go. Power over ethernet in newer facilities where they're actually forgoing the old kind of copper wire. Well I guess it's still technically copper wire but copper you know, standard electrical wiring through 120 volt circuits. - [Trey] So it's an electrified tint. - [Turner] It is basically. - [Trey] That's really what it is. - [Turner] Essentially is what it is. - [Trey] It's a glazing that just reacts to electricity. - [Turner] They are controllable, yes sir. - [Trey] And it is attached to a controller so. - Yes that's correct. And so there's a control system built into it. And so we think that this is, since this building is you know, obviously tied to industry and wanting to kind of showcase the new technology, whether it be industrial technologies and things of that nature, we felt that it would be a good and adequate fit within the dollars. Obviously, the first and foremost thing was to get more space available for the students for the instruction, especially the welding program with the demands and the pressures that we know we have to that program. We wish we could have given you 64. (chuckles) But at the end of the day, you know, as it kinda broke down within the allowable budget, we felt like these three options were the best available options. And Kyle, you want to take them real quick through this. - [Kyle] Yup. - [Trey] Let's see if there's any more questions about this last one though. - Yes sir. - Does anyone have any questions about this? - I just have a comment. We always fight as we've been going through the designs, the heat of the western sun is immense. Anyone who's lived here long enough knows. And so we always fight that with closing off walls, putting up brick with minimal windows and then we say we venture out and we put out windows and we say we're gonna invest heavily in shades and so its a mechanical shades of some sort or shading I should say. This is just interesting. I've heard about it on the front end obviously when you proposed it and, I don't know, I just see it as an exciting option. And a minimal option. Because you still get the glass, you still get options. You still got variability with the sunlight. That you don't get once you put up a brick wall to avoid the heat. - From an efficiency standpoint actually Doctor, your point that you know blind, it does not reject the heat. It may reject the visible light but once the light makes it through the window you still have the heat there. So the ability to tint this in this way actually rejects heat back out into the building. So it actually should in theory not only result in you know, a better visible space but it also should save you on your energy costs as well from a cooling standpoint. - What I've heard is when they built the white. When the White Library was built it was built with no windows because of refrigeration and considerations for the height and the sun. So that's why we have only windows on the corners of the White Library. And so we were just talking about an evolution of architecture and technology and so forth. That bothers me a lot because I think when students are in spaces that their ability to connect outside and to be able to maximize that opportunity to connect with natural light is hugely important. And it's just something that this whole campus has been, has evolved itself around the elements for decades and just like you were saying. I just, I regret that the White Library has such little natural light. That's one thing that bothers me so much and this is just a really interesting option. - I have just a couple of questions. - Yes sir. - I'm gonna echo what Dr. Escamilla said. I like the fact that we're trying to do something innovative that makes sense from a practical stance but the form and a function standpoint, I think is great. Certainly contributes to what we say we want to do going forward on some of our buildings and potentially south campuses to work towards those spaces and environments in the future. I assume this is the same technology that's been around for a while in terms of you'd see in high-end conference rooms where when you want to make the wall, the glass opaque it's the same sort of thing right? It's just now it's a film for darkening much darker. - [Kyle] Yes, essentially. There's, the technology I think that you've seen before where, in other words, you've seen some where you close the door and all of a sudden it goes you know, frosted. - Right, it's similar. - [Kyle] It's similar in technology, it's exciting. - But with that point it's not new technology but it's fairly new in this application. - [Kyle] That's correct. - So there's not a lot of history with it. - [Kyle] They have a lot of these buildings actually that they've done. I say a lot, but they've done several large office buildings in Houston and in the bigger markets in Dallas. - So how long has it been around being used in this form or fashion? - [Turner] I would say a minimum of 10 years. - Oh okay. - [Turner] In the discussion, it's not you know it didn't just hit the street today. We're not on the cutting edge of the sword so to speak. - So with enough track record it would be comfortable with that to know that, I guess the worst case for some reason you can't ever repair it or it goes down you're gonna waste throw up shades later. But in the mean time, you factored into your cost, you take the shades out of the budget. - [Turned] That's correct. - Which I guess comes out of FFNE, not really this budget. - [Turner] Actually no, we had the MechoShades in ours so this is fixed to the building and so it's kinda you know. - Okay so you saved there and then you still got the fall back to that in the future if something goes wrong. - [Turner] Yes. - If I may add. The high tech component of this solution also is each panel, its pane has an IP address. So in the event that the College needs to control you know, the tinting for safety reasons everything must be clear then it can be addressed remotely. - So just like the cars when they get hacked and they start to self drive? They're just gonna take over our windows and up and down. - When you're competing college in Houston comes and decides to hack you they're gonna go and black out all your windows. (laughing) - I'll touch on that point a little bit. And in talking about this, warranty was a big concern. And if one of these does fail, are we on our own? Is the College on their own to go back and fix it? With each unique IP address, since it's all tied into ethernet and the overall control system, the process goes back to the actual corporation Sage Glass. They have their IT department. They can actually do diagnostics remotely via the internet. They have the unique IP addresses that really only they have. And they can test, okay this pane of glass is this number. Go back and see where the break might be. So they can do that remotely within a day. Pull it up, do it, and then go forward from there to figure out a solution. - Kind of a bigger picture question for us as we move ahead is can we install these, this type of technology in older buildings? - I would say-- - Retro-fit buildings. - I would say, I would say that the answer is yes but since it's integral to the overall glazing assembly, it would require basically the whole glazing system to be replaced. - [Trey] That's a peripheral question we'll talk about. I'll bring that up. - It can be done, yes, I mean, absolutely, this technology is. - Kyle, you actually prompted another question by trying to answer a question. And that is, so now are we locked into them longterm for a warranty service and are there warranty costs. I mean, ongoing maintenance costs with this other company or eventually can IT really take this over? Or you call them on an as needed basis? - I believe what we have factored into the cost right now is a 10 or 15-year warranty. Where they will cover that for a 10 year to 15 year term. The glazing itself is actually, it's warrantied through the glazer, the actual sub that will do the glazing, the same way the other glass would be if you had a wind storm for example and one of the panes shatters out, that actual pane is warrantied. They'll have to go to this company to get that pane because of the electronics built into the electro-chromatic glazing. So they are the ones that would manufacture that. So I don't think there's another alternative in terms of if that place is where you could get a bid of three, you know, manufacturers of the glazing because the system is so integrated into the overall control system. If that answers your question. - [Trey] Yes thank you. - I have a quick question regarding the projected utility savings, that you made a comment about the possible cost savings for HVAC and other systems. So, does the company give, you can expect 20% lower, 15% lower? - I think what, unfortunately, you know, this technology is something that's just come across our desk. Literally we first, this rep became known to us around probably the 90% design range. Sometime around then. If moving forward, Regent Scott, moving forward, the company has capabilities. So you start a project from the ground up and from scratch. Say look, I, you make the decision, I want to use this. In theory, they can help you perform your energy modeling in a way that can counter, or can basically calculate the amount of heat load that is rejected, and therefore, allow you to downsize your actual air conditioning system according to that. Now, I don't know how much money that'd actually save, but at the end, that's savings there, plus can help you kind of calculate, okay, well, here's our heat loading over the energy usage and that can all be plugged into the model. That could still be done. Unfortunately just due to the time constraints, we haven't actually gone through that exercise. We just know, we really more were looking at it from a standpoint of a convenience of getting rid of the MechoShades, adding some technology into the building that gives it a little bit more user controllability and some flexibility, to address also some of your concerns on the south side, a facade that we had quite a bit of blazing, but as far as the actual energy savings, we haven't done any calculations, anything. We just know that, just from a theory of how it works, and the heat rejection of rejecting the heat before it actually gets into the space versus, you know, the shades, and they're performing their normal duty with just a standard low-heat coating. We just know the physics of that kind of work, and so we certainly can explore that further if that is something you would like to see. - I just, the question is, in terms of moving forward on other projects, and other potential building projects. - [Kyle] Get those calculations. - Get those calculations, figure out what the estimates might be, work that into our thought process as we move forward on other projects, 'cause it-- - [Kyle] Right, from a life cycle standpoint. they can absolutely-- - We're not always going to have extra money left over from that. - That's correct. - So that's the money that-- - [Kyle] Yes, understood. - But if we build it into, as an optional bid item is something optional to consider, can we do a cost-benefit analysis early enough on-- - [Kyle] Absolutely. - With future projects so we can determine whether or not it's either an optional bid or something we can put in a base bid. - And I will say, in terms of this building specifically, we did meet with the engineers on it and the way their calculations are with the MechoShades, they're calculating I'll say at zero percent clear, so they're absorbing the whole heat load with their current mechanical design. Now since we'll never really be at zero percent clear in daylight hours with a responsive system like this, your HVAC'll be operating at potentially 65% of what it was designed to do. So your long-term efficiency, without having a tangible figure to say it'll save you X amount of dollars or X percentage, will only be running to 60 to 65% of the full capacity. - Saves your life of your handlers, all it kind of runs down the gamut as well. - What percent of the 1.28 million was this or how much of that? - [Kyle] We have some exact breakdown costs of this. - And that's leading to the question I mean, obviously, you all have talked about this from the administration standpoint, and Bill Doerr from your team, but what are we giving up by doing this? All the bells and whistles, I mean, could we have made two more bays in the-- - Right, and so that's something we considered, Mr. Chair. This was kind of the leftover, there wasn't, when we added option one and option two together and looked at some of the classrooms options which were basically gonna take us right to the limit just for the classrooms, there was still money left over. So there really wasn't a, we still have another $114,000 which could still be utilized in order to try to maximize space but the total cost of this is, what? - Approximately $250,000, so it was a very, of the three options that we presented, it was the lowest cost. - It's a pretty minuscule out of the overall. - [Trey] I would pitch a question to you, Lenora, you can answer from there if you want to since you got a microphone, if that's easier for you, whatever you prefer, but is there anything else still missing in the building you really want? - No, we're willing to work directly with them, with the Premiers and team and our deans and faculty and provost. And the other option really would take all of the money and actually a little bit more. The only other option, it was added classrooms. And that was gonna take all of the excess funds and actually come in over that amount. - One of the thoughts that I was glad to see in talking to August and Lenora about this was that this feature was one, albeit the smaller of the greater features, first we went to function over expanding classroom space and lab space in this case. But when we said, well here's the smaller of the option, and that it would benefit all the students, all the people, not just all the students but all the people in the building, this is the most utilitarian across the board, so this would be one that benefited the entire building as opposed to one segment of the building. And so that utility was kind of a deciding factor for the proposal of this. - And I guess I would also add to the from the giving up question, I think we also talked pretty extensively with the administration and the end users as to what the true need was. Of course, you'll always need general purpose classroom space, don't misunderstand me, but from an industry standpoint really the first target point was the welding bay, and once we really got into the it would be nice to have the classrooms but really I think the need was truly administration and kind of the end users really pushed us towards that, hey guys we can get more welding bays, if we can get more covered work space, I think, you know, Chuck's here, I think that if we can achieve that that's gonna be our number one priority target for those dollars, so. - I think that for one thing to go along with what Bill's saying is that that covered work space, the way the industrial area does instruction, that is extended classroom. And honestly that was one of their primary desires was that extended, that covered area and it looks like I think in the presentation like a simple thing, but that was really impactful as far as instruction. - And I would add to this area, I don't believe I touched on it, the way we're approaching this design is moving forward if there's an additional need to expand this or add bays, extend that, five, 10 years down the road, we're doing this in a modular system where you would come add more bays to the end of it if it need outweighs that. - Yeah, or extended, Mr. Chair, through kind of extend the short end of the U, if you will. If you wanted to carry that over, there's options and I will say also that the way that the welding bay and where it was situated within our design was kind of always anticipated to possibly be capable of expanding upon. So you notice, it's kind of on the end of the building, and we had some extra room left over in that geographic area, so the good thing is that rather than waiting till later we're able to now give you a little bit more now. So I think that, if you wanted me to go to the very last place. - If I may add, we also got two additional classrooms in one of the alternate bays. The users were very happy about that. In addition, were getting this, that's good. - That's a plus. - Yes. - Mr. Chairman, I make a motion that we accept the recommendation to move forward with these, the additional authorization to include the building additions and site enhancements to the Workforce Development Building Project. - I'll second that. - We have a motion and a second, any further discussion by Regents? Any public comment on Item Number One? All in favor signify by saying yes. - [Regents] Yes. - All opposed? Motion carries unanimously, thank you. - Thank you very much. - Item number two, discussion of possible action related to the designation of general contractor services for the Emerging Technology Expansion Project, and authorizing the administration to proceed on awarding the contract. Mr. Alfonso. - This is a good day at Del Mar College. This agenda is about the recommendation for general contractor for the Emerging Technology Expansion. On March 3rd, the College issued RFCSP number 2017-05, for general contractor services for the Emerging Technology Expansion Project. The Emerging Technology addition will be approximately 27,000 square feet and will be connected to the existing Emerging Technology building on the West Campus. The following four firms submitted statement of qualifications and competitive sealed proposals for consideration. Kruger Construction Company, Summit Building and Design, Journeyman Construction, and Weber & Jacobs Contractors, Incorporated. The evaluation committee members include the following, Charles Miller, Jeff Huddle, Laura Wright, Melinda Aguilar, Lauren White, Dr. Shannon Iriaga, Dr. Beth Lewis, Leonora Keas, Regent Trey McCampbell, Regent Elva Estrada, Regent Gabe Rivas, and myself. The committee evaluated, respond in SOQs and interviewed the respondents on April 20, 2017 in the Isensee Board Room. Sealed competitive price proposals were opened and read aloud to the public at 2:00 p.m., April 20, 2017 in the Isensee Board Room. The process was facilitated by David Davila, director of the purchasing department. I also want to recognize that this project was designed by Gignac Architects. I have three recommendations. First, the evaluation committee's recommendations for general contractor services for the Emerging Technology Expansion Project is Weber & Jacobs Contractors, Incorporated. The proposed pricing proposals are, let me step back. The authorized construction budget for this project is divided into two. First, the building, sidewalk, and paving budget for $8.6 million. Second part of the budget is the reroute of site utilities for 100,000. Weber & Jacobs' base bid is 8,068,000. The committee is recommending the acceptance of alternate number one and alternate number four. The total base bid for building alternates one and four is $8,121,500. This will leave a total building surplus funds of 478,500. Now let's talk about alternate number two. The budget for alternate number two is merely 100,000. The bid of Weber & Jacobs for alternate number two is $247,000. The funding needed for Central Plant, the funding needed is total of 247,000. The administration has two further recommendations for the Board to authorize to expand the total surplus fund for the building of 478,500 back into the Emerging Technology Expansion Project for additional academic learning space as well as site improvements. And B, for the reallocation of $147,000 from the existing Central Plant loop budget to complete the funding needed for bid alternate number two. In essence, we want to leave the surplus funds from the building budget remain and are reallocated back to the building. And get funding, $147,000 funding for site improvements and reroute from the Central Plant surplus funds. Any questions? - Just a clarification, on item number B on the handout, which is the request for the $147,000. - [August] Yes. - Which you're just pulling, you've explained, out of another fund. Later in this morning's presentation we're gonna do an analysis of the rest of the bond projects in 2014, so that number's not in that because you weren't prepared to disclose it but we need to be thinking ahead as we vote now. We're encumbering $147,000 out of that and just to peek ahead, we've got the money in that. - [August] We've got the money, yes. - So we're not robbing Peter to pay Paul sort of thing. Or maybe we are robbing Peter to pay Paul, which is, so long as Peter and Paul both have enough money we're fine I guess. (laughing) - The good part about it is, we are tapping budgets that already exist. The title of the Central Plant fund is Central Plant and Loop System, so therefore, since this is not really a part of the building project, I would rather tap into that existing surplus funds than go into contingency. - And then similarly like you've just done on the first project with Philip, you'd worked with Raymond and his team to, and our internal team to determine how you want to spend that $478,000. - [August] Yes and we will bring it back to you just like we just did in item number one. - Regents, questions about this? If there's anything you'd like to add to it? - Just a quick comment, again this project is about expanding general academic space. Very utilitarian, that's my word of the day I guess, second time I've used it. Very utilitarian type of space for all levels of, all types of lecture. And so it's critical to this site, to this particular location, in this case the West Campus, we've enjoyed a great relationship with Gignac Architects to this point in the design of this space, it's gonna give us a footing for students to be able to take more of their core offerings and basic offerings in preparation for their fields of study at the signature programs on the West Campus. That's what this is all about. That's where we came from with this basic design and I wanna remind everybody about that. And so anytime we can do couple things not the least of which is move the folks out of those portable buildings, that's part of this plan, that's not entirely this plan but it's a very important part of this plan. That's been long coming. And just very thankful for all the folks who have gotten us to this point and I wanna thank again Gignac Architects, you've been great partners in this process. - [August] And if I may add, it was the local facilities folks that recommended the 247,000 option. Primarily because it will establish a true center plant loop in the West Campus. So we opted for the right thing to do and invest on a true West Campus loop. Not just to patch the expansion into an existing old loop system. - Thank you. Regents, do we have a motion on item number two? - I'll go ahead and make a motion, Mr. Chair for putting the contract for Weber. - I second. - A second, well then any further discussion by the Regents? - If I could just make a comment that all the contractors put on a good presentation, but Weber really impressed the committee and that's the reason that they got the one that they're working on, the Workforce Development, and the other good thing about it would be that they can share the workspace, they're not gonna have one contractor taking up space over here with their equipment and another contractor on the other side, they're gonna be working on two buildings at the same time, the Workforce Development, and even though they're from Cuero, Texas, their subs, about 80% of their subs, 85% of their subs are local. So that impressed the committee too, I think. - [Trey] Good point, thank you. Any public comments on either agenda item number two? All in favor, Regents, signify by saying yes? - [Regents] Yes. - All opposed? Motion carries unanimously, thank you. And thanks to both the architectural teams that were here for item number one and number two. I notice you are sitting on opposite sides of the rooms, I know you're friends, so I just have to lean one way to see one of you, and lean the other way to see the other one of you. Item number three, discussion related to the 2014 Bond Progress Report. This is something that the officers worked with the exec team and asked to be put on the agenda, I think it's a good chance, Regents, for you to kind of get your hands around and maybe your heads around it, and the public around what all is, and where we are in the 2014 bond projects. With that I'll, anything you want to say, Dr. Escamilla, to tee it up, or you want to just go straight in? - No, part of the process that you talked about is important, that's an important part of shared governance at a different level if you will, when the Board comes together with the administration to discuss clarifying needs and presenting issues and items, it's all a part. So shared governance takes place in many locations here at Del Mar College, and to include the Board and the administration, as it's supposed to, so that part of the process I was very proud of, and this'd be a great presentation to bring us all up to speed with the '14 bond, it's moving very quickly and thanks Mr. Alfonso for presiding today. - Thank you. And you're right, it is moving very quickly. I just want you to focus on the image that I used. 2014 bond, although it's focused in the East and West Campus, does touch the Center for Economic Development, that's why I chose this three round things. It will provide enhanced security and access control to the Center for Economic Development. - [Mark] And that's been written in, again some dollars will be allocated to the CED, that's been written in from day one, and I'm glad you reminded us of that piece. - [August] The purpose of this presentation leading to the July Board retreat for the '14 and '16 bond is to update the Board and the community about the first top five projects of the '14 bond. I'll start with Central Plant Phase I, Phase II, I'll address the Re-roofing Project, group one, the Workforce Development Project that you just heard about on item agenda number one, the General Academic Music II, I'll give you an update to that to date, and the ET, Technology Expansion project just we addressed in agenda item number two. Central Plant Phase I and Phase II. If there is a very much needed update, the Central Plant, there is a plaque in the current existing Central Plant, with some of your names on it, dated back in 2006. That's how old the newest Central Plant chiller is. - [Trey] Are you also claiming that some of us are that old, too? (laughing) - [August] Ah. - [Trey] Sorry, didn't mean to get you off your game, man. - [August] I just want to point out that the Central Plant Phase I has been completed, Central Plant Phase II is targeted to be completed very soon. And we forecast that as you seen in the bottom, the total project budget is three million, and we expect to complete both projects in under 2.4 million, in time and under budget. Del Mar College has four chillers. There's four in the West Campus, two main chillers that rotate, and two smaller backup chillers. The East Campus has only three chillers. Two main chillers and one backup. Central Plant Phase I, Phase II is designed, it was designed to provide primary chillers to both East and West Campus. - [Trey] Before we go on, August, that's the slide where the 147 comes out of. Is that correct? The bucket, the bond issue? The bucket, the bond issue so effectively, it's 2.4 plus another 150, roughly, that's the connection. - [August] Throughout my presentation that surplus of over 600,000 will dwindle down all the way. Towards the end it will still, we will still have over 300k left after everything else, okay? If there's anything, I don't wanna call it negative, if there's anything that did not go through yet for very viable reasons, it is the re-roofing of group one, which consists of the aquatic center, gymnasium, multi-service center, and our Richardson Auditorium. The project budget was 1.5 million. It should have started, it started, we went up to bid in May 9, 2016, and I could not bring it to the Board after two bids. The first time the College went out for bids, we had zero responses. The second time we went out for bid, the cost was almost twice the budget. And I have information too. - [Mark] August, I think it's important to note that there currently no catastrophic types of situations with the roofs. It's not like they were, they're at the end of their lifespan, they're at the season of life as I recall from the briefings, but that it was just time to cycle out the roofing systems for these four buildings, and so we, when there were no bids coming our way and or when the bids came in at twice the price we had to go back and kind of re-establish ourselves and re-prepare ourselves, and that's why we're at the point where we are. - Exactly. What happened after that, when I realized, when we realized that this project needs a more detailed attention, we had the roof re-assessed for, for actually its life cycle, can it withstand another another season, are we in danger, should we go out and recommend to the Board, and seek a contingency. Because if we found out that, for example, the auditorium is needing emergency roof repair, and the recommendation was on all four buildings, no, it does not need immediate attention. So it bought us time, and it was the right decision then. After detailed conversation with our building envelope consultant, in essence what the general opinion was, there was the roofing for these four building was budgeted on a per-square-foot allowance. In essence, $12.50 were allocated per square feet. Which meant it was a standard re-roofing project. When the envelope consultant got involved, he realized, for example, in the auditorium, the gymnasium, asbestos remediation was not incorporated. Specifically in the auditorium. There were six, seven, eight, nine items that are not roofing projects that must be addressed. A good example is the air conditioning duct at the southwest corner of the fly needs to be removed and reconstructed to accommodate the re-roofing project and future roof maintenance. The duct is too close to the roof, and it's resting on the parapet wall. This work requires extensive mechanical and masonry work and must be re-certified for wind storm compliance. It's just an example to tell you that when the roofers were there, and we had the biggest roofing companies participate in the pre-conference proposal, they realized that they're gonna need every trade in the industry in order for them to bid. Yes sir. - I have a question, Mr. President, okay, aquatic Center, gymnasium, in between are the racquetball courts, and we have a problem up on the ceiling over two of the racquetball courts. Is this roofing going to solve that problem? - [Mark] That was a separate problem that was remediated a couple years ago, or so. - [August] I can give you the issue, sir. That was an HVAC humidity issue. - That's a separate matter that has been resolved. - Well the racquetball courts are shut down because of a re-occurrence of that problem. What's the solution? - That will be replaced in summer. - Okay, I'm satisfied. - It was the humidity issue. - And we'll come back to you after we've done it. - [August] Yes. - Mr. Watts, we'll come back to you again after, we've got a patch on it, it's been remediated at this point, once it gets fully resolved, we'll come back to you and let you know. - Got you. - I just want to point out to you that we are in good standing, these buildings are in good standing and in preparation for the July board meeting. We will present to you the exact action item on how we are gonna address this. There are different ways of addressing it, including bidding each building separately. Addressing the non-roofing issues separately. It's hard to imagine that the multi-service center bids for the multi-service center will be, about a million, over a million. As expensive as the auditorium, so it needs further detail attention and we're gonna give them that attention. - I think that's important to re-state that in July we will be going into great depth of these projects across the board, today's kind of just to, we're kind of hitting the high level briefing, thank you August, high level briefing on the projects, again the entire workshop slash retreat in July will be focused entirely on the 2014 and '16 capital improvement programs. - And it's probably a good time to let the Board know that Del Mar College now has a new facilities director who has 25 years under his belt as a full-blown facilities director in institutions as big or bigger than Del Mar College. I think he's still here, Mr. Robert Duffy. - Welcome. - Welcome. - Welcome. - Thanks so much. It's a pleasure to be here. - [Trey] No pressure. (laughing) Maybe that's why you're sitting on the back row. (laughing) - So projects like this are not new to Robert. - [Susan] I do, and I apologize if I have missed this. The estimating that was done for the bond election, I realize that some things you don't know till you actually get in there and look at it, so from a forward-thinking standpoint, how do we estimate these kinds of projects and do we kind of know where, where, I hate to say mistakes, but we didn't see this stuff, and is it, what lessons have been learned as we estimate these kinds of big projects going forward and just make sure that you all identify those opportunities 'cause this is a big, this is a big contingency to have to-- - It is, it is, and it's one of those things that we again, it was a lesson learned as we move ahead. I think we took the most prudent standpoint of backing off, keeping the money, not moving ahead and those sorts of things. In the process taking the time to re-assess and in that time that we backed off, we did re-establish our protocols and our procedures by including our consultants and bringing in folks that were gonna help us through this. So delineating those, again as August was saying we're gonna take a deeper dive into those lessons learned in the July meeting, but I'm just proud of the team for backing off and not acting prematurely on this but all those are noted, we'll bring those to you just as soon as we can. We spent a lot of time talking about those, I assure you. - [Trey] Any other questions? Thank you. - Moving to number three. We just addressed number three in Board agenda number one. I just want to point out to you in addition to what we already disclosed, that this has been a very positive project from the GC to the design architect, to CM, to the design team, my users team, everything that can happen possibly, it is happening. So just want to point out that everything is on schedule, laid down plan has been announced to the College, and we will continue to update the Board as we progress. Are there any questions on Workforce Development Center? Another project that is under budget just want to point out that Monday was, we held a Notice to Proceed, construction meeting with Bartlett Cocke and Beecroft, so I can formally announce to the Board that construction is officially open for our GC's and their presence on campus will be felt as early as May 11. Tomorrow we're destined to do a DNCL announcing to the College how the laid-out plan is gonna be on the East Campus, we're gonna tell them where parking are gonna be assigned, designated for staff and employees, and then all of that information associated with them knowing what's ongoing related to this project. Yes sir. - If I may, this particular project because of the lay-down designation is going to stress our parking situation out. You're gonna hear about it even more. We've said this from the beginning, these are the types of problems we're going to, that we were hoping for years ago. And now we have 'em, these are the good headaches, if there is such a thing. And I say headaches for everybody involved. However, that being said, we're communicating as much as we can internally to all of our employee, beginning with our employees because they're the ones who come to the, use the parking lots the most on average over time. And so we're working a plan that's gonna have some creativity involved, such as shuttles and golf carts, and ride sharing and carpooling and encouraging people to do all kinds of things, and we're gonna pull out every trick in the book for minimizing parking stress, I think that parking stress disorder, I'm sure there's a disease somewhere in the DSM somewhere. Anyway, there's gonna be a lot, and you, I suspect, I know you're gonna hear about it. You're gonna hear about it first from us. And you may, people, employees at the College are gonna hear about it in the community from our students. Again, we're working very closely with everybody, we're gonna spend a lot of time over the summer maximizing the parking spaces because in some cases we have employee parking lots that are not used in their entirety, or to their maximum, they're not maximized. So we're gonna take those opportunities, we're working with our neighbors in the area, we're gonna do everything we can to keep first and foremost, safety and security at the forefront and you'll be hearing about more reports from that but this is what we knew was coming because this laid-down area, the area that the contractors are gonna be using for parking as well as materials and set-up is right in the heart of this campus, geographically. And this is just how it has to be and we're gonna ask for everyone's patience in advance. I don't know how much they're gonna advance us on that but it's gonna be a tough situation. But we're already, it doesn't have to be as painful as, it can be minimized and we think we have a good plan for that. - [August] Yes, we'll do all efforts to make it safe and navigate and easy for students to go from one side of the campus to another. Yes sir? - I've asked this before, but I don't remember the answer, now after construction and everything how many parking spaces are we losing? After they remove their materials from the work area? - I can get that for you at a later date, need to incorporate the timing and the demolition of the Heritage Hall. But all I can tell you right now is we're within the requirements of the City of Corpus Christi. - [Mark] We're gonna have that in detail. - Yeah we'll have that in detail in July. And the one thing I want to add is that, to indirectly answer your question is, our GC's are fortunately taking advantage of Summer Session I and II. So that is gonna be the biggest, noisiest, dustiest period that we are gonna experience and by August 27th they're gonna close a gate that will be designated for the demolition of the English building. So after that, then by July they will be building. So summer will be demolition, and in the meantime, we are looking at all the paths, not just where people should be to walk, there are pickup zones that Collegiate High School are known to be picked up by their parents. So we're identifying those and we're gonna make those safe zones. - August, just a little bit of a time check, we've got about 30 minutes to get the rest of through this and the next item, too, so I wanna keep this moving along. - Thank you. Last item, Emerging Technology Expansion. Everything is TBA on this slide, primarily because we addressed it in agenda item number two. Anybody has a question on the ET expansion? Okay. Next steps. Starting May 15, we are gonna engage with Turner Ramirez. The next most important step in all of the existing three projects we have is the formalization of the FF&E. So we're gonna commence as soon as May 15, and start with General Academic June 5 and the ET, June 19. Yes, sir. - I think all of the members of the Board would appreciate being fully informed, if you will, for example, just picking numbers here that spring out to me. Number five, number six, number seven. I would like to know exactly what's going to happen with the library building, with the administration building, but then you go over to 14, 15, 16, 17. Where is the administration going to be relocated? I'm intrigued about the potential of that new entry, Louisiana Parkway but I want to be fully informed. We had that issue of that building on West Campus by demolishing, and the Board voted not to demolish. And 17, the Heritage Hall demolition, what's gonna go in place of Heritage Hall? So the point I'm making is, if you can fully inform the Board on each of these topics that we're, we understand what you're doing, that's the point. - Guy, let me give you a little, Guy, just to give context, today was to overview the whole package, they don't have all those answers yet but as we go through the next month, particularly in July we're gonna drill down deeper. - [Guy] They're gonna inform us. - Right. - [Guy] Okay, I'm satisfied. - This is meant to be sort of a listing, so because what we talked about was so many, we've been so focused on those three big projects, we forgot there's all these other little projects, so this is our chance today to get our arms around all of this, and as they finish their programming and their needs, they're gonna come back to us and we'll be making decisions on each project. - What you're seeing today is the basic outline for the July meeting. That's what it is. - And I'm glad that we're doing this today. I'm not gonna go into any detail from here on, I just want the Board and the community to know what the next steps will be, and working with the executive team, Leonora and Beth, we will now re-program and re-validate every project and develop and update a new 2014 calendar. Now that we know how disruptive, for lack of better words, the laid-down plan is in the East Campus, it's just right not to start a project on the renovation of the library or the Harman Center or the East Admin, perhaps consider initiating number four, existing old music building first. So we can leverage acquiring additional much-needed classroom without affecting any more lay-down or parking. - So again, another lesson learned. When the bid was awarded for the general academic music building, what we learned is, what we didn't know before was the exact lay-down space and the disruptive nature of that. Now we do know. Now we may have to shift gears, in terms of scheduling of projects to accommodate that because of the, we now the new information that we have, and so that's what Mr. Alfonso was talking about and those are the things we're gonna get prepared for. They're all queued up anyway, it's just a matter of sharing, of lining up certain projects. - [Trey] August, go back, I had a question on item number one, go backwards if you would. - [August] Item number one? - No, right there, we're both driving, my bad. There had been some discussion, Dr. Escamilla, on number one, two, and three, when you talk about furniture, fixture, and equipment there's obviously furniture that goes in the building, and then there's probably technical equipment and other sort of fixtures that may not be as obvious and of course that depends on the type of classroom. We'd had a discussion the other day, I just want to kind of clarify that. You've got these great architect-designed buildings but in some cases it's been my understanding in the past we have not always utilized the architects to really have an influence over the furniture that goes into it and therefore there's a disconnect sometimes, obviously the users need to be very informed in that. I think one of the discussion items was to help us understand going forward, is the intent to, where there is, let me use this as an example, you think about when we opened back up after the remodeled Richardson Performance Hall, everything worked together, not just from the carpet and the colors, but to the furniture and the stuff on the outside. And so it worked as a cohesive package. Firstly, and I think I've heard from others they hope that that's what will happen when we're buying at least the public, visible portion of it going forward that you talk to the designers on the outside so that they get a comprehensive, they have a chance to help guide you through that process, from an additional standpoint. - Yeah prior to finalizing this presentation, I made it a point to make sure that Turner Ramirez is ready and willing and able to partake in the FF&E initiation of this project and we'll do the same for General Academic and Emerging Technology. So each one of them have a very good relationship with the user team, and that can go a long way in finalizing the learning spaces, inside. - In the projects that I was involved with years before I even got to Del Mar College I have gone back, I've had the opportunity to go back and visit at least on a couple of occasions. And what I've found is in that step that Chairman McCampbell is talking about, in other words, engaging our architects and engaging interior design groups to make sure that the form follows function, or the opposite. No, that form does follow function. And that it's aesthetically pleasing and that it has some timelessness to it and or some longevity to it. That's what's critical. And we learned that lesson a long time ago and I know I've gone back and seen a couple buildings that I was involved in and it's nice to go back 10-plus years later and things still look nice. Things still look current and attractive and all of those things that learning spaces need to be about, so it's a very important item that we're again improving on as we move ahead but these buildings will see the results of it. - August, as you're rolling through these, just the first seven there, but Regents I think, when I looked at it, and maybe perhaps you did too, it really does open up your eyes to realize in this major bond issue, how many different projects there were, how many things we tried to touch, this becomes what fleshes out that graphical image you showed in the beginning that lots of things are being touched. This was a bond issue that gave us three major projects but a lot of muchly-needed up-to-date infrastructure, spaces, refreshing buildings that hadn't been touched in years, if not decades. And so as August scrolls through this you'll just see the variety of things that we're gonna be seeing. They're gonna impact our students and our community over the next couple years. - And that's exactly the intent of this presentation. Yes sir. - I was simply gonna add, A, thank you for telling us you're gonna fully inform us, but B, please know we're so pleased that you're moving forward, you know Trey, you and Jim Boggs and I were involved in that Louisiana Parkway entrance, finally we're getting a solution on that! So you keep going on all these projects, okay? - Besides just enumerating a list of projects I also want to make everyone aware that because of the things that we now know we now have new opportunities to explore. It is most of the major projects have been, you all have awarded. There are opportunities to consider. Particularly where administration can go, so there are a lot opportunities when we discuss how to proceed in the rest of the 2014 bond. - We'll formulate processes, procedures, recommendations and we'll be vetting those with internal groups, faculty, staff, and others who, we're all affected by it. There will not be one domino that does not affect the others, we'll be coming back to you all with those proposals and seeking Board input on all of it. - [Guy] I'm really intrigued if Heritage Hall is gonna come down, what's the plan to put in that space 'cause that's one of the most crucial spots on our campus. - For the sake of time, let me just sample one of the projects that may have an impact to some of your concerns today. Let's try number 18, East and West Campus paving. It's a paving project, but it is gonna change the way we navigate the West Campus. Entrance from Old Brownsville Road to Santa Elena, extend lot from the Dome to Old Brownsville Road. That's gonna solve the major issue that we found out when we had to use the Dome during the water shortage, you know? Yes sir. - Mr. Watts, so when Heritage comes down, that space will be incorporated into at least two different areas, and that is the general academic space, and what we called our current or what we called our old music building which is our current building, will also be converted into general academic spaces. So that square footage will be reassigned into newly constructed space and newly renovated space. I want to remind the entire Board, and the community for that matter, that the net effect on square footage, new square footage for the 2014 bond on this location, which is approximately a million square feet, around in that neighborhood, is a small amount. The new net effect is only about 10,000 new square feet. It's very small because it's a right-sizing of this campus. The idea has never been to grow the square footage on this campus, it was to right-size. And remember when we were going out for the bond, and we were talking and planning and saying well let's keep it at the right size, and we are limited with real estate here, that there was the idea and the notion of a Southside Campus coming, okay? And we knew that if any new square footage would be offset by the growth there. - [Trey] To add to that, it's also a lot of the buildings are just at their life expectancy, the aging buildings, so it's an infrastructure replacement issue. Much like we're experiencing in our city with other things that have been around for decades. - Absolutely. And Heritage Hall is the prime example of a building that just cannot be saved. But I am so excited to come back to you all about opportunities for relocating administration and what we're gonna do with the Heldenfels Building and the White Library, these are just wonderful privileges I would say, for us in the administration to be a part of, and we're just so excited. This campus will be stunning when it's done. - [Guy] Where are you gonna move the administration? - We have a couple of proposals right now. The original plan was to move administration to Memorial Classroom Building. Again, that space would be again reassigned into that and Heritage Hall would be assigned to the new general academic building and the general academic space in the what we called current music building. So they would be moved over into newly, state of the art, kinds of space, and administration, the proposal right now that we're approving is that administration would go to the Memorial Classroom Building. - But the key to that is, it's not about the better space for administration, it's about taking Harvin Center and making it a student success center, is that correct? - [Mark] Yes, this-- - So it's really still student-driven. - Oh absolutely, students and classroom space will be given the premier updated space that they so, that we all want for them. And so that's what's going to happen, that's the proposal at this point. Unless that theory can be disproven and so far it seems to be the strongest formula, the strongest recommendation so far for administration. The current Heldenfels Building, again I'll remind everybody will become a what we call a Welcome Center or a first-time-in-college center for new students, that's a very different group whenever you have what we call FTIC's, first time in college students to be received in their own space is a very important step in the registration process. We'll be moving out, and again seeking to take the space in Memorial Classroom Building. We still have more conversations with the faculty there as well. - Before we move into the next agenda item I know August has got some more pictures, I really like what you've put in for the conclusion there, August, because I think it helps us step back from to realize we're in good standing, we've been focusing on the top three, the top dollar projects, we've all seen today and been reminded of that we came in very good on the bid except for that roofing bid, and we're addressing that, but we've been able to expand those buildings within the budget for those buildings, we've not had to touch the general inflation contingency that's for the whole bond package. So we're in good shape, looking at this. Now just depends what happens in the economy and the bidding and things like that, we got the bad news about the oil and gas turndown is a good news for our availability of workers, so it's all working out. Anyway, do you have a couple more things before you wanna get to item number four? - Just want to emphasize that a more detailed report will be provided in the July 2017 board meeting workshop, and that's the end of my report, thank you. - So, other Regents that you know in your packet there were a number of other pictures that were supporting what we just covered, unless you've any questions about that we're gonna move on to item number four. Discussion of possible action related to the request for reallocation of the 2014 bond funds and authorizing the administration to use such funds for the repair of two East Central Campus Central Plant chillers. So, pitch it back to you, August. - The 2014 bond program allocated three million for Central Plant improvements for both the East and West Campuses. The goal of the project, as I stated earlier, is to replace one main chiller for each campus. On the East Campus, besides the main chiller we got one boiler, three cooling towers for the East Campus. The Central Plant Phase I project was completed on September 22, 2016. Phase II project is designated to be completed May 22nd. The expected total expenditure for both projects is $2,392,943, leaving an available balance of $607,057. - [Mark] Minus the 147? - I hereby recommend that up to $150,000 of the $607,057 of the 2014 Central Plant funds be appropriated to be used to repair two remaining chillers at the East Campus Central Plant. We have one main chiller, we have a backup main chiller, and we have a backup small main chiller in the East Campus. Both of the backups are not in working order. - I'll move to approve the recommendation as submitted. - Second. - We have a motion and a second, any further discussion by the Regents? Any public comments on item number four? All in favor signify their approval by saying yes? - [Regents] Yes. - All opposed? Motion carries unanimously. Great, thank you. Regents, obviously we did something a little different today by covering the building sort of stuff in the morning, I think it's nice to see all the stuff connected and back to back and cohesive, again there is more information, not just pictures but sort of a master timeline at least as we know it now. And as you've heard said on several occasions, don't miss the July retreat 'cause I think it'll be really exciting time to dig further into this and plans for a Southside Campus too, so it's going to be important coming up. As we stated we're going to go into a working lunch in closed session, but if you'll please remain seated for just a minute let me read the language and then we'll go into closed session. Our closed session will be pursuant to Texas Government Code 551.074A-1, Personal Matters, regarding the employment, evaluation, reassignment, duties, disciplines, and dismissal of a public officer or employee, including annual evaluation of College President and the annual Board self-evaluation with possible discussion and action in open session. So we're gonna take a quick break at 11:48 as we clear the room, get ready for lunch and then go into closed session, thank you. (gavel bangs) (gentle music) (gavel bangs) Good afternoon, it is 1:08 and I'm calling the Del Mar Regents meeting back into order after a closed session, a working lunch and we have no item of business after our closed session so we're gonna resume our regular session. The first are some recognitions, and I am gonna turn this over I believe to Dr. Silva and to Claudia, is that correct? - [Claudia] Mm-hm. - I don't wanna surprise, I don't wanna mess up any big surprise reveal, so. I'll just toss it to you guys. - Thank you sir. I think really from the day that Dr. Escamilla took the presidency here at Del Mar, one of the things he was committed to is figuring out how we could bring more of a real campus experience to our students. How we could make them feel more at home, less like commuters who just kind of wandered in, took their classes, and then left. And one of the big things that was a part of that was making sure that we had some rallying cry, some campus spirit that we could work with. So back in 2012 actually, we started this kind of work toward how we find the current iteration, the modern version of the Del Mar College Viking. And at that time we spent considerable time and research, we worked with current students, former students, alumni and even future students. High school students from Collegiate and the ISDs in town, to talk about was it important to have a spirit symbol and even a mascot? And out of that particular project we got the spirit symbol, and that is the helmet with the wave that you see across the hall when you walk in. But then based on that research, we also talked about what are the qualities of a Viking that really do embody our students? And was it somewhere on the continuum between an explorer and a marauder? Where do you end up with all those things? And so we did some web-based surveys and put all these focus group pieces together and came up with a really pretty good outline for how we wanted to make sure the school spirit moved forward. We knew we had a pretty good idea about the qualities of the Viking, but we weren't actually ready to make that into a three-dimensional, live, breathing moving character. Then this year with Rito Silva coming on board and him getting the big plate that says go make the student experience even more robust, which he's done, he's dived into feet first, and made all these new changes, we were able to take it to the next level. And so he actually asked, do you know anything about getting a creature, like some of the other schools do, and I said yeah, as a matter of fact we got research that we pulled out of our back pocket, that we'd done five or seven years ago, and handed it to him and that was kind of the basis for how to get started. And then as we were working through that, we actually sat down and built the story of our Del Mar College Viking. His attributes, his likes, his dislikes. The things he was good at. And found out that he's much like our students. Awkward in situations the first time, maybe not completely confident, very adventurous, all these kind of things. And we even got down to what kind of literature, what kind of habits, what kind of pastimes. And once we had built, and this wasn't just us, it was the students and the alumni helping us build all this together, we had a pretty good profile for how we wanted this to work. So with that being said, I'm gonna turn it kinda over to Rito because when he came in and said we're ready to move forward, I said, boy are we too. And when he grabbed the reins of this project and our teams were ready to work together, I think we found exactly what we need and it's the viking that landed here just a few days ago. - Thank you Claudia. It was an interesting journey and experience and we were really thrilled with the final product. To let you know, we just didn't go into Amazon and just selected a Viking outfit out there. You can tell by Claudia's background there's a lot of research that went into this, there's a focus group this summer, the focus group was comprised of alumni, faculty, students and staff. And they helped kind of guide the Viking and then when we were almost done with the product we actually went back to another focus group made, comprised of the same folks, and asked them, is this kind of what the vision they had? And so we're really excited. We have to thank the committee. The committee worked so hard on making this happen. The committee is first of all Beverley Cage which is back there, and the mascots that live in her area. And Beverley just has done a wonderful job, so I thank Beverley and of course Claudia did an extraordinary job, her and her staff are just incredible, I think you know that already. Melinda Edelman, I don't know if they're here and Jake Keenham were on the mascot committee as well. But I want to thank them, and so, from all that we were able to work on building a actual 3D mascot and now we can touch, feel, squeeze, and we're really excited about it. - [Claudia] Don't squeeze, don't squeeze. - You can, but don't squeeze too hard, but do squeeze. The mascot will also give us opportunities for the performers to be part-time students as well so there's another job for students to take, we're gonna have auditions, and so we're gonna hold those pretty soon as well. As you can tell, if you can't tell there, I'm stalling because he's gonna be coming out of there any second now, and so we did have a big reveal about two weeks ago. And we're really excited about that. And also this fall we're gonna have a naming contest for this Viking. So we don't have a name for it, a lot of people have already, I walk around and people give me suggestions all the time of what we should name the Viking. But we'll do that in the fall and we'll have the students participate in that, so without further ado, I know they can hear me. - [Claudia] You need a drum roll? (anticipatory drumming) - Wish we had some music, but ladies and gentlemen, the Viking is ready, this is our Viking! (applauding) (cheering) (laughing) - Good guy there. (laughing) - [Woman] Squeeze, just squeeze. - Are you gonna dance for us? - So anyway, so this is the Viking, we're really excited, can you imagine this Viking over at elementary schools, at community events, at parades, at all College functions, we're really glad to have you, and Viking I promise you a name, we'll get you a name in the fall, okay? (laughing) Yeah I know, okay? And we even are thinking about doing coloring books, once we name him, coloring books, we can imagine having him with a name and going to elementary schools, so. This is him, now he had made a request, right Viking? Yep, he wanted a picture with all of you. - Oh, yay. - Okay. - We'll come up there. - So just, come up front? And take a picture, he's really excited, so. We've been trying to tell him to calm down. (laughing) Look at you. But Viking why don't you just join them in the middle. (applauding) - Back up back up, there we go. (indistinct chattering) - You wanna teach us the hand signal Dr. Escamilla? (indistinct chattering) (camera clicking) This way? There we go. (laughing) - That's the wrong way. There we go! - [Photographer] One, two, three. (indistinct chattering) (applauding) - [Rito] Thank you very much, Viking and board of trustees, thank you so much. - So you can envision this, Buccaneer Parades, elementary schools, all kinds of different opportunities. - I'd like to go ahead and just jump in here real quick with a quick comment. First of all thanks to the committee, thanks to the College for coming together and making this happen. Again, when we're talking about outreach, there's a very different, there's recruitment and outreach, and this is a little bit of, this Viking mascot will serve in a couple of different roles. And I think in both those arenas. We're talking about recruitment of students we're usually talking about populations of people who understand somewhat about post-secondary education, somewhat about where they wanna go, if not entirely what they want to do after high school. But then there's outreach, and there's a symbol, through the symbolism of this mascot and reaching out to folks who have no idea be it because they're in the second grade, really, or in a particular part of the community, this symbol will be, it's about marketing, it's about branding and it's about reaching out to folks and really, really taking the Del Mar College name and brand to them in a way that'll hopefully be around for generations, but in a way that'll brand in their minds the opportunity that somewhere, even if they're not near one of our locations, that there's an opportunity for them at Del Mar College. That's what it's all about, really. Yes, it's fun, yes it's whimsical, yes it's an investment, but it's about, it's a serious marketing strategy is what it is. Our consultant was the in this case gentleman who invented the Philly Phanatic, one of the most well-known mascots in sports history in the United States, I dare say. And we took this very seriously, but this is a very serious fun activity. - [Claudia] And we do appreciate those Regents who were able to join us when we did the landing for the students, that meant a lot to them and it meant a lot to us, thank you. - And we had a lot of fun Miss Claudia. - [Claudia] Good! (laughing) - We have a very special recognition, and Augie, am I gonna call on you to do this one? - [Augie] Yeah, sure, I'd be happy to. - Please. - Should I go up front or is this okay? I'm honored to report the following accolade that has been, will be bestowed upon one of your own this afternoon. Every year the Corpus Christi Bar Association in conjunction with Law Day, gives out several awards. Most of them go to lawyers, but there's one that goes to a non-lawyer. It's called the Liberty Bell Award. And the Liberty Bell Award recognizes an outstanding non-lawyer who has made selfless contributions to our community and who has strengthened the effectiveness of the American system of justice by instilling a better understanding and appreciation of the law. The award recognizes community service that promotes a better understanding of our democratic form of government, especially the Bill of Rights, encourages greater respect for the law and the courts, stimulates a deeper sense of individual responsibility so that citizens recognize their duties and their rights, and instills a better understanding and appreciation of the law. The significance of the award is that it is given to a non-lawyer, who nevertheless while not being a lawyer has taken on the same responsibility that we share as lawyers and as judges. And that is of maintaining faith in our democratic form of government and the rule of law. In other words, a true citizen. So I'm excited and honored to announce that this year's Liberty Bell Award honoree is Dr. Nick Adame. (applauding) - Thank you, thank you. You know, when I started the endeavor of establishing the Tejano Civil Rights Museum, I had some inspiration and some guidance and you know, really, I like to thank Leonora Keas who spent a lot of time with me and discussing the avenues that I could go through because I hit brick walls everywhere I went. But if you look at the significance of the Tejano Civil Rights Museum, it's the first facility that's solely dedicated to the Tejano Civil Rights Movement. So the first facility in the nation. So, that is a lot of significance. It was an endeavor that wasn't done solely by myself, but through the help of individuals here at Del Mar College, Texas A&M Kingsville, LULAC and other individuals out in the community, we finally got this together. Listen, we as South Texans, as Tejanos, everything we did here in South Texas impacted the nation. You have LULAC, you have the American GI Forum. And the leaders that came out of that. So I am proud to be a Tejano. I am proud to be on the Del Mar Board of Regents. I am proud to be a South Texan. I am proud to know all you, and thank you very much for the help that you and the community have helped us with, thank you. (applauding) - A little token that we give the students often times, we'll give one to you too, thank you. - [Photographer] One, two, three. One, two, three. (applauding) - We're gonna keep our meeting rolling because Dr. Adame has a presentation to receive this afternoon. - Right, I was gonna add that later this afternoon at the end of the day, Dr. Adame will be honored at a reception at the Nueces County Courthouse, which is 801 Leopard on the 10th floor in the 13th Court of Appeals. And tomorrow he will be the bar's guest of honor, he and his wife at the bar luncheon, the Law Day luncheon where the guest speaker will be Michael Morton. For those of you who know that gentleman. So thank you Dr. Adame for all that you do. - Dr. Lewis. - Thank you. So I'd like to introduce you to Jennifer Jimenez, the instructor at Electronic Resources and Reference Librarian, we are here to honor her today because the Texas Library Association, the TLA announced that Jennifer Jimenez, Reference Electronic Resources Librarian at Del Mar College, has been accepted for the highly competitive Texas Accelerated Library Leaders Institute, more properly known as the Tall Texans Leadership Institute. The program has recognized the best of the rising Texas library leaders for more than 20 years. The Institute provides advanced leadership and management education for mid-career librarians and library staff. The program takes place at the Montserrat Retreat Center in Lake Dallas and includes instruction by Jack Siggins, recently retired library director at George Washington University and Harvard University's Maureen Sullivan, past president of the American Library Association. Additional veteran leaders from Texas libraries serve as mentors. So we're very proud of Jessica for, I'm sorry, Jennifer for representing Del Mar College. Do you want to say a few words? (applauding) - Well thank you. Texas Library Association actually has over 10,000 members, and I'm proud to be an active member in TLA. The Tall Texan Institute has over a couple hundred that apply to the Institute yearly and only 20 are accepted, so very excited to bring the leadership skills that I am gonna learn this summer and bring them to Del Mar College. Thank you. - Good job, Jennifer. (applauding) - [Beth] Can we get a picture? - [Trey] Mark? - [Mark] Yes. - [Photographer] One, two, three. One, two, three. (indistinct chattering) - Okay and now I'm gonna ask the entire back row back there, I'm wondering who's watching the store over at EMS, because everybody's over here. Y'all come on up here. I want to introduce you all to Davis Merrell-Churr of the Department of Public Safety Education. Melissa Stuive, the EMS Program Director and Assistant Professor of EMS, Kellie Rigger, also used to be Kellie Bird. Instructor, Clinical Coordinator of EMS, Phil Lopez, Phil you're here, yes? Instructor of EMS. Roberto Ruiz, Instructor of EMS, Rosie Loa, Administrative Assistant, and Laurie Lewis, Clerical Assistant. So why are all these wonderful people up here? And why are they all hanging back? (laughing) Okay, Emergency Medical Services, the paramedic program was awarded program accreditation by the Commission on Accreditation of Allied Health Education Programs, CAAHEP. The initial accreditation began on March 17th 2017 and continues through March 31, 2022. The program submitted an extensive application and demonstrated compliance with the nationally established accreditation standards for the program. Please help me congratulate the EMS Program team for their hard work in achieving the program accreditation. This is a huge, huge deal. Most EMS programs are not accredited, for us to have one at Del Mar is a big deal. And they have worked very very hard on this. Melissa, do you want to say few words? (applauding) - I just want to thank Del Mar College for backing us and helping us out in this as we went through this. Like she said it was a real big process for us, and it is a huge milestone for EMS and this is where we're headed, so we're looking at big things in the next few years, and you'll see some big changes coming on. Thank you. (applauding) Thank you. (indistinct chattering) - Get in here, Carol. (laughing) - I'm on my toe, hurry up. - [Photographer] Here we go, one, two, three. Let me get one more, one, two, three. (indistinct chattering) (applauding) Congratulations everybody. - Thank you. - Congratulations. - Congratulations. - Thank you. - Congratulations, it's no small matter. I assure you. - As Dr. Lewis said, that's a huge accomplishment, that's something we're real proud of, we are just totally proud of our EMS program to begin with, and when you add something like that on top of it, just, that's like a triple-layer cake with three layers of chocolate fudge icing on top. (laughing) Really really good, thank you again folks. Staff reports, Claudia Jackson's gonna give us a brief update if that's an oxymoron, brief and legislative. - [Claudia] Not usually do those fit together. - About what's happening. - Thank you, sir. As you asked last time, since the legislative tracking report, that spreadsheet, was long and involved, I did email it to everyone yesterday afternoon if you didn't happen to have a chance to look at it before this meeting we've got some extra copies going around. But since our April board meeting, Dr. Escamilla's made three or four trips to the Texas capital working with particular legislators on key priority issues, Augie Rivera moved his schedule around so that he could jump in the car, make a trip with me last week, and in those trips we've met with Senator Hinojosa's staff to reiterate the Community College funding proposals, as a top priority for both this Board and the TACC group. And the reason we were working particularly with our own Senator Hinojosa is he's on the conference committee. And that's a group of senators and a group of representatives who meet together with the two budget proposals, the Senate's and the House's budget proposal and try to hammer out exactly what those numbers are gonna be and finding something there in the middle. And I also emailed to you all what both the Senate and the House proposals were as part of that packet yesterday. In addition to that, we've been in very, very close communication with Chairmans Hunter, from the Calendars Committee, Chairman Lozano, who's chair of higher ed, and Chairman Herrero, who also represents our area. The second priority was HB 2994 that will secure the funding to reimburse us for 16 and 17-year-olds who are taking workforce certifications. This bill has passed the House and is currently in the Senate, where it should meet up with Senator Hinojosa's companion bill, SB 1746. So it should match very well, and there should not be any reason barring something really unforeseen that this won't make it through the process sometime in the next three weeks. Dr. Escamilla and the TACC team also devoted considerable time working with Representative Raney on House Bill 2975. That was the one that proposed that we would have to do a report every year about how we spend our budget and how those results show out both in success points, graduations, and all those different metrics. Sorted according to campus, which may make some sense for when you've got multi-campus systems, when you've got really one college that just happens to be by a fluke of geography and a fluke of philanthropy be in two different sites, it might not be as easy to attribute one student's success point or one student's graduation to a particular campus. After Dr. Escamilla and the TACC team worked with Representative Raney, he did offer a floor amendment that is moving forward that will put that in a pilot program situation and at least make it something manageable until we can get our hands wrapped around it. It's scheduled for consideration this week, with the floor amendment. We provided information and answered questions from members of all our delegation on bills pertaining to tax rates, career and workforce education, dual credit, college districts' ability to start their own community colleges, neither the House or the Senate Higher Education Committees have posted public meetings for this week, so we don't really expect new things to come out of either of those houses, but things that were still pending might move forward and we may be called to go up there at any moment. Senate Bill 2, the lowering of the limit on property tax increases from eight percent to five percent without the potential for a rollback, is scheduled for a hearing Wednesday at 8:00 in the Ways and Means Committee. That one seems to have a lot of momentum. You looked, do you have something to share about that? - [Mark] No no, no. - Okay, all right. House Bill 1911, which is one we were a little bit concerned about, the providing for unlicensed carrying of handguns, has not yet been scheduled on the House floor, and we've been told unless that happened really, Friday, today or tomorrow, the likelihood that it would make it through the process is slim. So that's kind of good news. Thursday is the last day for the House to take action on bills other than those that are really local in consent, those that are defined just by a particular geographic area. The Pathways to Technical and Early College High Schools was scheduled to be considered yesterday, it did make it out of committee into the, over to the Senate, so that does have an opportunity to make it through and I know that was one thing that our instructional leadership was really concerned, they wanted to see that happen. A few Senate bills have been referred to the House, unless those are received in House committees yesterday or today they are essentially dead. So of the 500 or so bills that we were originally tracking for the College, the ones on your list are really the only ones that have made enough progress unless something Herculean happens, that they will be anything that we would need to pay attention to as far as impacting the College. And the only other just add-on I will give you is there has been a lot of talk at the national level, the Congressional level about the summer Pell, returning Pell Grant funding for summer classes. That has gotten some momentum and we do have confirmation that Congressman Farenthold is in support of that. So with that as a very brief overview of a lot of effort and hours, particularly by the leadership team here at the front, unless you've got questions. - Any questions? Carol from your perspective, working with C-CAT, Melissa, you have anything to add to that? - So I've been participating via teleconference, I haven't been up in Austin as much as those two folks have, but I will tell you that we have been very active in that process. When on regular Monday calls that the legislative team has with the internal lobbyist, the external lobbyist, representation from the Teachers' Association, from the Presidents' Association and from the Trustees' Association, all on a regular basis, every Monday morning at 9:00 having a conference call to talk about what's moving, what's happening that week, and when I hear that we talked to Claudia and she talked to Chairman Hunter's office and they did this, or we had Mark Escamilla up and he talked to these three people, I mean we have been very actively engaged and I want to applaud Claudia and Mark for their time and efforts in being involved. We have been well represented in Austin. And again, with three Chairmen and a Senator who's Vice-Chair of Finance, we have good reason to be involved. I just want to thank you all for your work. - [Claudia] Thank you. - [Mark] You're welcome. - Yeah, we went into this legislative session just to pause and say, of course, it's not over yet. That's gonna happen in a day or two. Or a night or two. But we went into it with a lot of uncertainty. And so far it seems to be going certainly better than it could have been, and so to echo the sentiments and things, it's a lot of effort for people making, you get that call all of a sudden you gotta be up there tomorrow or this afternoon, and it's a big deal but it's extremely important to our community and our students. So thank you everyone who's participating in that. Any other questions? Great. - Thanks. - Next on the agenda is Board notification, it's just a notification of a policy revision for an administrative policy A.7.17, it's in your packets. Does anyone have any questions on that? Or anything that you want to highlight on that, Dr. Lewis? - The only reason we're changing is because the SAT changed their scores, and we have to reflect those changes in our policy. - Not an action item, it's just more of a notification. Ties into that policy system that we have that we as a Board are kept informed of what they're doing at the administrative level. So great, thank you. Dr. Escamilla, College President's Report. - Sure, thank you, Chairman. Beginning on March 30th of this year, we had our, what annual is this? This is our seventh? - [Beth] Eighth or ninth. - Okay, so we had our annual Bernie's Crawfish Boil held, and I wanna thank our development folks over in the foundation, all the volunteers that came together from all of our friends out in the community, we came together and threw a big party slash fundraiser, I should say, fundraiser slash party and netted quite a bit. I mean it was about $100,000. $100,000 net from that one event. From the Bernie's Crawfish and I just wanted to say it was a great turnout, I came in from Austin that afternoon, I was actually slightly late to the event, but duty called in Austin and we got back just in time to celebrate that, and again thanks to our development team and foundation board of trustees, Board of Regents who were there, all of our friends and family who were there, it's just an outstanding event and again thanks to Bernard Paulson, if he ever gets this message for all that he's did to kick that off. On April 13th I attended the Texas Association of Community Colleges Executive Committee meeting. I remain on the Executive Committee, and at a time during the legislative session it just becomes, I'm just so glad to be there. Hearing all the things going on and being a part of the leadership development group for the Presidents' Association is just an honor and I attended several meetings since then. And then a few days later, we held a student panel discussion on campus carry which we'll be talking about here in a little bit. That was a random phone call from one of our students with the Foghorn, Natalie, I forget, Natalie from the Foghorn, I can't remember her last name, I'm sorry Natalie. But called me and said hey, we'd like to do a forum on campus carry, would you be interested? And I said absolutely, whatever we can do, and so myself, General Counsel Rivera was there, Lauren White was there. Chief, excuse me, Captain Billy Breedlove from the Corpus Christi Police Department was there, as well as Dr. Beth Lewis. And Dr. Tracy Rodriguez from Collegiate High School, she's the principal there. So we were up there on a panel, we were at the Wolfe Auditorium, the Wolfe Recital Hall excuse me, and had a wonderful event. And it was live and active in social media, and we answered a lot of difficult questions. And we were glad to do that. Then from April 21st through the 24th, I and a few select team members from the Executive Committee came together and attended the American Association of Community Colleges Annual Convention in New Orleans, that's the big annual convention for administrators, primarily CEOs. I was so grateful for the team members that attended because much exposure was of the College and for the College was gained as a result, and so that was another great conference. On the 26th through the 27th there was also meetings with the Texas Associations of the Executive Committee again, and as well as the Legislative Committee. Again we have continued to meet on a regular basis because there are times where our schedules, there is no schedule safe these days during the legislative session and I think Claudia has another saying for that, but anyway. Spending, again a lot of time with the Legislative Committee and the Executive Committees of the Association has been really taking a good amount of time but it's so well worth it. And then finally on May 2nd, this is an item that I asked to be put on as a result of last week. We've been working, Leonora if you could come up to the, and Leonard, if you can come up. Our GED program serves a huge, has a different service area. And it's through the Texas Workforce Commission. And it serves a 12-county service area. Remember, Del Mar College's service area is four and 1/2 counties. But for our GED grant, overlaps into other areas, other community colleges service area for credit and community college instruction, let's just say. And this event was meant to be a small event where we went by and kind of kicked off a reception and did somethings with the folks over at Alice who are great friends of ours and who are so excited, very excited to have us there, we are very excited to be there. I was out of town that particular day. But I wanted to share with the Regents a little more information about that center and what was going on there. The GED program continues to be a very important, a critical piece of our instructional arm here at the College and we've established ourselves in an armory, a vacated armory, a Texas National Guard armory if I'm not mistaken, in Alice, and they've given us space, and I'd like Dr. Duvetta and Ms. Keas to share a little bit more about that as part of my report. I've kind of incorporated them. - Thank you Dr. Escamilla. This is an area that I know that y'all are aware and I think this is over our third year to continue with this grant that's been awarded from the Texas Workforce Commission and part of the challenge is to the staff who's done a fabulous job, is to go out into a 12-county area and basically set up shop in a variety of places, and of course the key is always where people have access to the facility. Now a lot of times they're in libraries or schools or churches or wherever, just to make the services local to wherever that is. This was the opportunity and a challenge in a way that Dr. Rivera really greatly took on to find a good location in Alice so that we could deliver services to that county. I think it's fair to say that this event took legs a little bit of its own and it became bigger than we even imagined and Alice was so welcoming, I don't know how else to say it, they were so welcoming that they came to greet us, turned it into a Chamber of Commerce event and we are very proud of all that. They set up an exceptional site there, but it's one of many that are throughout the 12-county area, and really under Dr. Rivera's great leadership, he made this happen and so we're very proud of this relationship within the county, and then also the welcome that we had from the people and what they've been able to do and deliver the services. I know one of the gentlemen that came up to me was explaining how his mother had gone through the GED program years ago, his child was now or sister was now going through the program again and what it meant to their family, and so this is great. Leonard? - Yes, it was a concerted effort, everyone involved really pulled together, our Del Mar family starting from our General Counsel Augie Rivera with sorting out the details of the agreements and such that went back and forth, to August Alfonso's great staff, ensuring that we had all the best of the best technology out there to our physical facilities folks that ensured from the day that we were out there that we had everything but the best for our students and that's how we wanted to set it up is we wanted the best facilities for our students. And indeed we achieved that, I'm very proud of my staff, very proud of course to work right under Miss Keas and her leadership, again together we were able to achieve I think a great asset out in Jim Wells County that will service all the surrounding counties and the communities at large. Again thank you so much for having us be part of this and I think it's going to be a great effort moving forward for everyone to really reap the benefit. - [Trey] Dr. Rivas? - I just want to ask a question. This is great, I'm glad we're expanding the program, glad that Del Mar's in charge of the multi-county area to do this for the students, it's much needed. When we set up these centers, do they pay the expenses for the center and we provide the instruction, or how does budgeting work? - The grant that we received through Texas Workforce Commission covers the expenses associated with running the facility. And in Alice right now we actually are up to 100 students. Mind you, we've only been in operation for four months. - [Mark] What's your capacity? - Our capacity is probably well over 200 students at any one given time, we actually have three classroom spaces, we're actually just utilizing one large classroom space, and we have both morning and evening classes offered at that facility at this moment. But we have plenty of room for growth and also offering other programs through our career pathways program and other programs that will feed industry, like Raven, who's actually making a big-- - [Mark] Raven Refinery. - Raven Refinery who's out there in Duval County and so we've been working closely with their officials and their staff to ensure that we provide our adult education literacy students with trade skills through our career pathways program at that facility. So it's a great site, Alice is the hub in a lot of different ways, but in this instance it's gonna be a hub to a lot of great workforce development opportunities for that community. - Who provides the instructors, do you all provide the instructors, or you hire over there in Alice? - We do, we actually hired instructors, we pay for the instructors, and yes, we do make every effort to hire instructors from the area, in fact right now we have believe it or not our morning instructor is actually a graduate of Tex A&M University, she's an engineer and she's actually one of our instructors teaching GED classes at that facility right now. - The reason why I wanted to bring it up again, what we thought was gonna be an internal kind of internal press opportunity for us to get out there and meet with a few folks from, it turned into a big press event and my apologies to the Board of Regents for it getting out there and not happening the way we thought, but again, it's a sensitive subject too because we are operating albeit with a very restricted program, we are operating in a different service area for a different college. It's Coastal Bend College's service area, and here we have to mark our building Del Mar College and all these sorts of things, and it's a touchy situation, we've apprised them, we're following the letter of the law, we're doing this so you can kind of tell how sensitive the whole thing was. Nevertheless, if you're ever interested in going, let us know, if you're ever passing through or anything else because there's business all throughout South Texas, just let us know and we'll make sure we can give you hours and have somebody there to receive you to take a tour and or just pass through if you're doing business or passing through Alice, Texas. Thanks to all the folks in Alice. - Sandra and I have already planned our day in Alice. (laughing) We never got the invitation. - [Sandra] We didn't get to go. (indistinct chattering) - I wanted to add, also Dr. Rivera our chief of security Lauren White did a great job of going out there and making sure the area was secure, as you can imagine in a remote location when you have all sorts of testing information and all that was high on the list, and so security as Dr. Escamilla has said before, is job one around here and so I wanted to include her in the list of people that helped pull it together. - And Representative Lozano was so proud, and it's so funny 'cause I'd follow him here and there to go see somebody, I can't remember, but in 100 steps, he stopped and told people how wonderful Del Mar College was, and how proud he was that you were going to be in that area, so it was not a big secret. - Well we appreciate that very much, and again we apologize if we missed getting the word out to everybody and we did not intend for that to happen. - [Mark] It's a delicate balance, as you can tell. - [Trey] Any other questions for Dr. Escamilla on his report? - Thank you. - We're gonna move very briefly through pending business, two items on our pending list are up for today, the Civitas update and the concealed-- - [Mark] Both on board. - Concealed Firearms Campus Carry policy will be discussed in a few minutes. We have a number of things set up for June tentatively and in July including as you've heard already that July Board retreat on our bond program. So it's gonna be a busy couple months leading right into the budget, so stay tuned and hold on as we go through it. Next on the agenda is a consent agenda, up for today, item number six, approval of the minutes for the regular board meeting of April 11th, acceptance of investments for April is item number seven, item number eight, acceptance of financial statements for March '17. Is any one of these that a Regent would like to pull off of consent and talk about separately? Hearing none, do we have a motion for consent agenda? - So move. - We have two motions, we'll count one of those as a second. Okay, great, any further discussion by the Regents? Any public comment on the consent agenda motions, item number six, seven and eight? Hearing none, all in favor signify by saying yes. - [Regents] Yes. - All opposed? Motion carries unanimously. Item number nine, discussion of adoption of a new policy, B-10.1, Carrying Handguns On Campuses By Licensee Holder. Dr. Escamilla I believe is gonna lead this one, if you want to kick it off? - Yes. Absolutely, I'll be glad to kick off. The team is gonna join in as we move forward for the adoption. Go ahead and come on up, we're just gonna come on up to the podium, go ahead and make your way up. Regents, as you recall in the 84th legislative session, Senate Bill 4 was passed that allowed for the carrying of handguns on campus by a license holder for community colleges. As you'll recall, the fall of '16, universities deployed and employed their policies to provide for this. Immediately after the last session, I think it was October 2015, we had our first college-wide meeting and there's been a sequence of events that I don't wanna take from the presentation, but there's been a sequence of events that we've been, at the College, preparing for. The implementation of a policy undergirded by this law. Again it is law, and according to the law it is my responsibility as President to make sure a policy is in place, advertised, and well-communicated to the College for all who set foot on any of our locations. It's an extremely serious set of circumstances that we have taken very seriously, just taken about as serious as you can get. This is a health and safety issue, and I am thankful to our chairs, to Dr. Lewis, Tammy McDonald and Augustin Rivera for leading the charge in conjunction with my office to formulate the policy that we're gonna present to you for your consideration. One thing I'd like to say, it kinda ties in or it absolutely ties in to previous conversation, a previous presentations about the facilities here at Del Mar College. Our policy, again undergirded by the law, will have to evolve by the very nature of the construction and evolution of our campus. We're gonna work on how that evolution, we're gonna try to understand and anticipate how the evolution of this policy will take place as the buildings are leveled, renovated, and newly constructed over the next several years and how that policy melds with that change in our physical facilities here at the campus. The last thing I want to say is that this policy has been vetted throughout the College with all facets of employees and students. So all who step foot on this campus, all groups who step foot on this campus have been represented. Again I think it's a kickoff point that you'll be hearing about more as we move ahead and I hand the microphone over to Dr. Lewis and Ms. McDonald from here. - Thank you Dr. Escamilla. So Senate Bill 11, as you know, was passed on June 13th, 2015. It's the concealed carry bill, or the license to carry bill permitting those who have a license to carry to carry handguns on institute of higher education campuses. It went into effect for universities last year August 1st 2016, it'll go into effect at community colleges August 1st 2017, as Dr. Escamilla said, he has the authority to establish the rules and regulations and determine those premises where guns are not allowed in consultation with others. The Attorney General is very clear that rules cannot be made which generally prohibit handguns on campus, so you can't make sweeping kinds of no classrooms, no faculty offices, you can't make sweeping generalizations about areas where you cannot allow guns because that generally prohibits. So I want to talk a little bit about the policy development committee and I'm certainly not gonna read all the names but you can see that we tried our very best to make sure that all constituent groups were represented. I particularly want to draw your attention to this slide where we had a representative of the Dean's Council, the Chairs' Council, two faculty council representatives, one from East Campus, one from West Campus, the chair of the exempt council and the chair of the non-exempt council. We also had two students, and I'm pleased to tell you that they were very thoughtful, they attended every meeting, they were reflective, it was a joy to work with them because they were very serious about what they were doing, and they read what they were supposed to read, and they did a good job. We also had Tracie Rodriguez from Collegiate High School and Harold T. Branch and then from Physical Facilities, Charles Miller and of course Lauren White and then Jessica Alaniz was our risk coordinator on. So we started this process back in fall of 2015 with the first town hall meeting. Part of it, why nothing happened publicly for about a year, was to see what was going to happen with the universities. Once it went into effect in the universities we wanted to see, what have we learned. Has this changed life dramatically on a day-to-day basis? In fall of 2016, Dr. Escamilla named the committee, we started having meetings right away, December 8th, December 15th, January 5th, January 12, January 19th. We created a website for the public that was up for the entire month of February where anyone could comment on the recommendations that we had made. We came back, looked at those recommendations on March 2nd, on March 30th and on April 13th. So this is not just one or two meetings and then we called it good and went home, we went through this in many, many iterations. On April 18th as Dr. Escamilla said earlier in today's meeting we had a student forum that was hosted by the Foghorn. On April 21st we had a campus Town Hall Meeting. And actually two of the recommendations that we're going to make for you today came out of that meeting. Just when you think you've reflected on everything, you've turned over every rock, you've looked at every consideration, two other things come up and we think, oh yeah, we need to think about that also. Obviously we're here today to present the policy recommendations to you. The policy draft has been sent to the Campus Carry Policy Development Committee and the Council Chairs. Based on your decision today, if you accept it wholesale or you make recommendations for changes, regardless we have to put up signs in June and July because August 1st, this goes into effect. So it will take us a couple of months to get everything put up on campus. Okay, so as I said before, August 1st 2017 the law goes into effect. The follow-up of that is that September 1st of every even-numbered year, so that'll be next year we'll do a report to the legislature that explains what all we've done up until now, why we've chosen the areas we've chosen and what if anything has happened from the time that we've implemented this policy on campus. I apologize for the words, all these words on this slide but for those who are watching at home, or in their offices and don't have the policy in front of them, really we wanted to make sure that the policy was clearly outlined and what the law says, and so this is the language for the law. Inform faculty, students, staff, visitors of policy regarding the carrying of concealed handguns on campus by individuals who are licensed to carry. And that is what we were always trying to do, it was never an issue of should we be doing this, is this a good idea, it is the law and we will comply with the law. I do want to draw your attention to the last sentence. Individuals who do not have a valid license to carry a handgun are currently and will continue to be prohibited from carrying a handgun on campus. The authority, as we said earlier, as outlined by the law is the president or other chief executive officer of Del Mar College in consultation will establish reasonable rules and regulations. As we need to amend, we will amend. The most important sentence on this slide, I think is probably the last sentence again. No other College employee, rather than the president, student, council, committee or student group may declare areas as prohibited campus locations. Scope applies to, yes? - I have a question at that point. I know we're going to approve a policy later, but president sets that, it goes into the policy and the Board approves it? - [Mark] Yes. - Okay. So can you change that, Dr. Escamilla without going to the Board for approval? - No, the way it's gonna work is, any approval would be, so-- - Write it through a policy change? - It'll be brought to a policy change and a B policy at that, yeah. No it's always going to be brought to the Board, it's really, the law says the president has to act and that's really what it's surrounding. - You could act on your own but you're choosing to have it go through the policy and the Board. - Always. - Okay, just curious. - So I want to remind everyone that the law does apply to anyone who comes on campus. So that is, that's students, that's employees, that's people from the neighborhood, that's contractors, that's anyone who comes onto campus. This law applies to them of concealed carry. The only people that this does not apply to are peace officers as defined in the article 212 of the Texas Code of Criminal Procedure, and it does not apply to military service members or people who must carry a weapon as part of their regular job. - Excuse me, the license says that you can carry openly, but on campus it can only be concealed? - [Beth] That is correct, there is no open carry on college campuses. - And can we expect any challenges with that? - [Beth] Well, if-- - Since the law says you can carry openly? - Well, if House Bill 1911 goes into effect that will change everything. - Gabe, were you asking if there's going to be legal challenges to the law, or? - Legal challenges. - Open carry right now-- - To our regulations, because the law says you can carry openly. - [Mark] But not on campus, the law also stipulates. - [Trey] The law also says we have the right to be closed. - [Beth] The law says higher ed is exempted from that. - You can't carry, for example in a school, you can't carry in a Del Mar Board of Regents meeting. - Yeah no, I saw that, that's good. (laughing) You think it's funny but a few years ago they had a sign, somebody posted a sign outside, Regents Die. So we had police in the meetings for a while. My other question was, what employees are not allowed to carry? - What employees? - [Gabe] I saw somewhere in there that employees are allowed to carry, but some are not. What would make an employee not be able to carry? - Employees have to go by the rules for anyone, unless they're law enforcement, so they would have to have the appropriate concealed carry license to carry. - [Gabe] So they can carry if they have a license. - With the appropriate license, just like anyone else. - I thought I read somewhere that some employees will not be allowed to for certain reasons? The area that they're working in, or classrooms or? - [Beth] The areas would be prohibited. - [Tammy] And that's not just employees, it's students also or anyone that goes into those areas, and we'll get to those locations in just a minute. - As we go through the presentation and see. - [Beth] Okay, this is simply the definition of who a handgun license holder is and what it means to carry it on or about your person. And again, open carrying of a handgun on campus is prohibited. There's been a lot of question about the, what if I see a gun on campus, what if someone moves their backpack and I see that they've got a gun in it, there's a lot of law about the difference between an intentional reveal and an unintentional reveal of a handgun, and that is where law enforcement comes into play, that's where Lauren comes into play to say was this simply an unintentional reveal, they were moving their backpack and it happened to show, or they're brandishing their weapon, which is a crime. - [Elva] So your recommendation to the students would be, report it. - [Beth] I think if they feel uncomfortable, I think it's always better to call for security, ask them to check it out, rather than make an assumption on your own or confront the person on your own. That's why we have a great security force here who can do that. - [Trey] And make sure they have a license. - [Tracie] We can't ask that. - [Beth] We can't ask that. - [Mark] We can't ask that? - [Beth] No, only law enforcement can ask that. - Yeah they can. - We can't. - And I think it's important that as we see this policy that we refer to individuals because it doesn't matter if they're a student, an employee, anybody on campus, it's just about citizenry, it's about a Texas citizen in this case, so any citizen that comes on campus, regardless of what their activity is, whether they're working on campus as a contractor and or sitting in the classroom as a student, we really gotta change the way we see all of this, and it's not gonna be, I think that'll help, because it's a bigger, broader policy issue that has bigger implications than just the classroom. - And there's a section of the policy which we did not highlight in the PowerPoint but there is a section that talks about if you need to report something, and it tells you who to report it to, the phone number to call but of course if it's an emergency situation, you dial 911, so that is in the actual policy, it's just not highlighted on the PowerPoint. - Before you go to the next slide, and maybe it's that I didn't see it, but is there any posting notice, signage notice? - [Beth] Oh yes. We'll have signs all over campus. - So same thing, we as banks have to post proper signs and it specifies size of type. - [Mark] Yes, size of lettering and everything else. - Okay, so as it says on here the failure to comply with the policy can result in disciplinary action up to and including termination or dismissal from the College, and that applies to students, faculty and staff. And Ms. McDonald is going to take over and talk about the prohibited campus locations that the committee has identified. - [Tammy] Okay we're gonna go through the prohibited campus locations, so this is where the committee identified, and it's not necessarily a zone, we did not want to call them zones because it may not encompass a whole floor or building, it could be one room in one building, so they're campus locations. And within the policy, we did provide you with definitions so there's a definition of what campus means and it's basically all our areas whether we own it or we lease it, so there are definitions within the policy. We just didn't put all the definitions on the PowerPoint. So it's the Center for Early Childhood Development, the building and the school play yard, labs, storage rooms, mechanical rooms or IT server rooms, those with dangerous chemicals, combustible gas, toxic biological agents or where equipment failure could cause a catastrophic event resulting in the College's inability to operate. So if it's a room and something happens to the equipment in that room and the whole entire campus is shut down, then that's an event, if it's a room and two offices loses power, that's not a catastrophic event, so it has to meet that definition of catastrophic event. Physical activity course and events, such as swimming, tennis, basketball, racquetball, dance, intramural sports, or club sports. - [Trey] Before you go on, so you obviously, you're listing generic stuff here, but when we get to the labs rooms, you're gonna effectively inventory the whole campus, right? - [Tammy] And we've done that. - [Beth] Yeah, it's a listed project, if you look at the policy, you'll actually see there's a hyperlink, there'll be a hyperlink in the policy and it's underlined and it says, I think, Prohibited Campus Locations, when the list is complete, you click that link, it'll take you to that list. So the list is in progress, we're fine-tuning it and of course we have to have a place to start doing signage, but it is a work in progress and we have identified many rooms, floors, certain areas that will be, and that list as Dr. Escamilla said earlier, not just the policy but the list of locations will be fluid because one semester we could have an activity in one room that's on the prohibited list, but then the next semester that room is used for something completely different. So that list will be fluid and it'll have to be updated. (laughing) The list will be an ongoing effort to keep the list updated and move forward with the comprehensive list. - [Tammy] And just to make things a little bit more complicated, some of the areas may be permanent and some may be temporary. So if someone is using this room for example, for the board meeting, then this is one of the conditions where a handgun would be prohibited because it is a place that is complying with Texas Open Meetings Act, but if the Student Government Association was using this room to meet in, this room would not be off-limits for guns. So we will have to keep track of what's temporary and what's permanent. - It's a very onerous-- - The sign. - [Tammy And Beth] Yes ma'am. - [Beth] The signage requirements, if it's permanent then they'll have permanent signs affixed that they can't be moved or easily moved or taken off, and if it's temporary then there are posting requirements so many hours before the event. - Two and a half hours before the event. - Two hours after the event. - [Tammy] It has to be left off, yeah. - [Mark] There's a whole set of procedures that underlies this policy and it is extremely onerous. Again on the good news side, or I should say the better news side, the other universities, all universities have been going through this and we've been in close contact with them and so we've been learning how it's been rolling out and so forth. And then again with all the construction coming, it's just going to be a task, but that's why we're developing our security and policing capabilities here at the College for that reason, it's a budgetary impact at the end of the day. - [Tammy] So part of the opening statement of the policy is complying with the law, the signage and the posting of signs that's part of all the College will comply with the law so that goes hand-in-hand with that opening paragraph of the policy. Other prohibited campus locations, locations used for formal adjudicatory proceedings, that's for students and employees, locations used for counseling by Licensed Professional Counselors that are employed by the Counseling Center, testing centers that are administering nationally-sanctioned tests that prohibit the carry of a firearm under the rules of the testing organization, In college-owned or leased passenger transportation unless granted written permission from the president or president's designee. An example for that could be, we do have public safety training, so we have to transport our cadets or our staff, our faculty in Public Safety, they go out to firing range. So it's gonna be possible they're gonna have to have a firearm with them because they have to go out and conduct class and do target practice at firing range so that's one of those things that could be where there might have a faculty member with a firearm or in a vehicle, but-- - [Beth] That's, right, I'm sorry. - [Tammy] That's okay, go ahead. - [Beth] But we wouldn't necessarily want the choir who's going to go perform at a different venue to necessarily have weapons with them. - [Tammy] Right, classrooms and other locations that are specified for exclusive use by Collegiate High School. So of course, we do have certain locations, like the St. Claire's building, the certain floor, that's Collegiate High School, but when our Collegiate High School students are integrated in with our regular classrooms, those classrooms will not be prohibited. If we have a room in a building that's specifically, it's Collegiate High School and they use that room, then that will be one of the prohibited locations. So like Dr. Lewis was saying earlier, we could have permanent places, like the St. Claire building where Collegiate High School is housed, or we could have temporary locations because their specific use of a room on East and West Campus, because Harold T. Branch uses some space on West, that could move from semester to semester depending on the needs of Collegiate High School. - [Sandra] The teachers at Collegiate High School, will they have to sign some kind of a statement saying that they will not be bringing a gun to campus? - [Tammy] Well anybody that comes to our locations, they have to go by this rule, so no one's signing anything, it's just our policy and our rule and this goes for the public, for visitors, if you come to our areas, you cannot bring one. And I'm sure that the ISDs have their own policies about their employees and weapons, and it's not allowed under the law to have one on an ISD. - [Mark] Their students won't be of age for CHL so from a student standpoint-- - [Tammy] Right but she was asking about their employee. - [Mark] Oh that's right. - [Tammy] Was that your question, if their employees had to sign something, but they're on our property. - [Sandra] They can't. - [Tammy] And if they're, the ISD has their own rules about their employees' conduct, and ISDs fall under a separate rule, which is completely prohibited, whether you have a license or not. Under ISDs, okay. - [Mark] Good point. - [Tammy] Locations where a high school, collegiate, or professional sporting event or interscholastic, UIL, or similarly sponsored interscholastic events are occurring. This provision does not apply to intramurals or impromptu pickup games. So this is also, we do host or we do have ISDs that do come and we let them use our facilities for UIL competitions, so that's what would fall under that definition of prohibited locations with those type of UIL events. So, we host some things too, I think, I know we host one-act plays for UIL, so there's many things that could fall under this category. - [Mark] We have a question. - I'm assuming that goes for all the concerts and all the performances at Richardson and at Wolfe. - [Tammy] If it's UIL related or an ISD related. But if it's just the public using it, that's another, another thing we'll get to. - No, no, if our students were having a choir concert. - [Tammy] If our students were? - ] Uh-huh. - [Tammy] It's not prohibited. - But if ISD students, like for instance Wolfe Recital Hall, a couple of weeks ago I was there at a recital, so that would be a temporary, correct? - [Tammy] Well if it was CCISD using the space. - Correct. - [Tammy] Then that would be a temporary sign, and that would be under the ISD rule. The high school rule. - You mentioned, excuse me, you mentioned House Bill 1911, which is, it's not on the list here. - [Tammy] Right, sorry I opened that particular can of worms up. - Let's put it in ten words or less. - No, we can put it, it's worth a little bit more, so I'm gonna ask Counselor Rivera to help me and as well as Claudia, but it's basically a piece of legislation that's kind of in a holding pattern of sorts, that could change everything. That being said, it was baking in the oven while I was out last week, so go ahead. - The word yesterday was there's really no way short of something miraculous that will let it go through the process this time. So it's not on your list because it's basically-- - [Trey] Almost dead. - Yeah, it's on life support at best. - [Mark] And that was a bill that really stated that there would not need to be a licensed, individuals would not have to have a license to carry. - Permitless carry is what they're calling it, and let me just weigh in that for the last year we've been assuring our community here that hey, look, the universities are going through this, no incidents, thank God, and look, I mean, the people that are gonna be allowed to conceal carry are gonna be responsible, they have to take a course, they're over the age of 21, they have to take a course, pass a test, follow the rules and the law, keep it concealed. And then we get 1911 which says throw all that out the window. You don't have to have a license to get, at one of the hearings, the testimony was, oh we anticipate that applications for concealed handgun licenses are gonna go down by 80%. Well duh, of course, but then they said, oh if you wanna carry on campus, you still have to meet the requirements, but you don't have to do it at the front end to be able to carry. So it was creating more anxiety than we needed. - Here's a note, kind of back pocket information, hopefully we won't need it, but if we can go back to the 83rd legislature when the ideas of guns on campus, and that's what they called it, or that's what we called it, back then was kind of something that didn't really gain traction until the 84th legislature. Okay, my point being that things can change from session to session. And this is an indication, I'm not gonna use any terms, any cute terms about it, but this is an indication that things could change at the next session. That HB 1911 could evolve and could become law. I'll tell you, at the 83rd legislature, two sessions ago, I wasn't as confident that it would actually come into play, but guess what, the 84th legislature happened and it came into law, and here we are. So I'm saying, it's going, the possibility is that it could change, it could evolve into something that looks more like 1911. That's what we were saying and as you may or may not recall for the Regents who weren't on the Board at the time, this Board came together and put together a resolution against the possibility. I'm just saying so things have happened, history has proven to us that things will evolve, so I just want to say, and we're ever-vigilant on this piece of legislation as it changes. - [Tammy] Any campus location where pre-k through grade 12 youth camps, academies, and UIL competitions are occurring. So we do hold a lot of camps over the summer, Del Mar hosts them, so that's where that would be covered. Any room used by a government entity for a duly-posted meeting in accordance with the Texas Open Meetings Act, locations used as a polling place during early voting or on election day. - [Elva] Miss Tammy, let's go back to 10, during the summer I know that you have camp institutes for students, not only for students, and I know they travel all over the place, how are you gonna handle that? - [Tammy] It's going to be challenging but it will be the temporary signs, the temporary locations so we'll have to work very closely 'cause that's hosted out of Dr. Rivera's area, and Ms. Keas area so we'll have to work very closely with them to see what spaces they are using for those particular camps and academies, and to make sure that we have a comprehensive list so that we can post those temporary signs during those particular camps and academies. - [Beth] Somebody's gonna be busy. (indistinct chattering) - Let me say right up front, I admire what you all have done, I went through it very very carefully. At the same time, please understand there's folks like us and faculty at the University of Texas that are abhorrent over this gun carry, refuse to support it, so somebody like me has to vote abstain, but I did have a technical question if you will. On this prohibited campus location, look at number three and look at number nine. You center in on events if you will, but then number nine, not pickup basketball games or swimming laps or whatever. Yet that's what the majority of our students do. They're over at our gym every day playing basketball, I swim with faculty, with students, staff. And yet you exclude that on your list and I'm just curious why. - It's not excluded, any type of physical activity is a course or an event. If you have a group of people in swimming, that would be considered an event. So we did not exclude it, it's a physical activity but it makes sense, if you're swimming, can you carry a gun concealed? No, also tennis, racketball, so three specifically talks about physical activities. Nine addresses specifically high school, Collegiate, UIL, those type of events, so that's where you kinda get more into the different levels of high school collegiate sporting events, we did read a lot of definitions of sporting events for those sanctioned kind of sports, which at the moment we don't have, but in the future we could have so that's where those type of sporting events could be but it doesn't cover physical activities or pickup games or intramurals, that's covered under number three. Or physical activities. - It's our students in the best environment, i.e. they're among a whole group of friends having a great time playing basketball back and forth or swimming laps back and forth, and yet it's specifically excluded on number nine, and I don't understand the logic why are you excluding it, maybe Augie's got it. - Number nine, the does not apply to intramural games or impromptu pickup games is to make sure that it's understood that the sporting event is a formal sporting event. Intramural games or impromptu pickup games are covered under number three. - I'm talking about that last sentence, this provision does not apply to impromptu pickup games, well that's-- - That's right. - We've got our students over there, loads. - That's covered under number three. - I'm sorry? - That's covered under number three. - [Tammy] It's covered under three, yeah. - Well you look at number three and it says courses and events. Whereas the majority of them it's just impromptu pickup games or lifting weights or swimming laps, and I want those kids protected. My personal beef, but if you all don't agree with that, well I understand. - [Mark] It's not about protecting them, it's us having to follow the law. So we've structured a policy that follows the law, correct? - We may not like that we have to follow a policy or that we have the formal policy but as Regents we have a responsibility to support the administration in putting out a policy that complies with the law. And I think the bottom line to all of this is lots of detail but the bottom line is, you're recommending a policy to us that complies with the law. It's been extensively vetted on campus, lots of input, had legal reviews, and you've tightened it up the best you can do and it is what it is, bottom line. - And not get into the area which Dr. Lewis talked about at the beginning, we can't do broad rules and regulations because that's against the law. Okay, um, polling places, 13, other areas where handguns are not permitted, where alcohol is served at events held on DMC property, and that is actually a different statute and law that we're following, and that's whether it's Del Mar holding the event or if it's someone who is leasing or using our facility holding an event, so if there is any type of event on Del Mar property where alcohol is served then it will be a prohibited location. - And just to make sure that Mr. Watts understands, under prohibited campus locations in the actual policy, not the PowerPoint, number three reads "physical activity "venues and events," so it's in there. - But these kids aren't protected, is what I'm saying. - [Tammy] Yes they are. - I just said that they are. - [Tammy And Beth] Yes they are. - Let's hope so. - [Tammy] Any Del Mar College property that is rented on a temporary basis by outside entities. So that would be a prohibited campus location. And that's temporary, it's like a one night, one hour, two hour type of event, this does not talk about long-term leases, which I think that's the next section. So this talks about other locations of prohibited campus locations. It's locations where the College, as directed or approved by the president as necessary for campus safety, and we have to give the proper temporary notice and that also is actually something that it was a question that came up in one of our forums about if there was something that was going to be going on on campus they felt like there was a reason for concern or safety or security, then the president can make that decision on that particular event or whatever's going on, they can deem a temporary location for the time of that event. - [Carol] Can we go back, excuse me, to number 13b, page before. So the example there would be-- - [Tammy] Can you back one. - [Carol] Back one? Example would be a number of outside entities, the Coastal Bend Bays Foundation, the Chamber of Commerce, rent at the Center for Economic Development that big room, 106 or whatever that number is. So and that's a meeting that they're holding that sometimes has a cost associated, sometimes doesn't, so any outside group like that would be, we would post or they would be required to post or we would post that that room is on a temporary basis a Prohibited Campus Location. - Yes. - Okay. - [Tammy] Now, if for some reason law enforcement is using it for some type of training then that falls under different law that says of course they can carry, so. Then it wouldn't be, so it just depends on the type of usage. - [Carol] And are there any instances where there are public meetings that are held that we could be challenged, I'm just thinking that's a location where there's frequent meetings that are held of adults that sometimes are free and open to the public and sometimes are invitation-only or some sort of ticketed item. That's an example of a location that we might get some challenge on, so I just. This is in compliance, I just want to make sure that we've thought through that scenario. It's not UIL, it's not-- - No, no I see what you're saying, if we do have an outside entity take leasing or renting or not renting CD106, it's stated pretty clearly there how they can, and I'm trying to think of the nature of a group that might. I know one of the, I've been there when there's a, a group of outdoors hunting and fishing groups that actually take on, that use the space and they actually rented the space in this case. There might be a CHL or two in there. - Our state reps will rent that space for a veterans fair or a health fair or something related to different events or to hold their own summits or forums in. - We'll make a note of this and do a little research and see what the universities have encountered to anticipate that. And what we'll have to do is when we're talking about booking, I mean this is a front-end kind of situation where we'll talk about booking the facility, we'll talk to the individual or the group interested in this location, and talk to them about the specifics, and so there's gonna have to be a campus carry policy on the front end when they sign the agreements and that sort of thing, so we'll try to mitigate that. - [Tammy] Compliance and enforcement in those situations where we have facilities that again, that are regularly used on an outside basis, the staffing, the compliance and enforcement piece of that is what I would be concerned about, not that we're gonna go in there and be checking everyone as they come in. I'm thinking about instances where it's gonna be difficult to argue why that's a restricted location. - Are we, with that, are we gonna provide security for all these functions? - [Beth] Well that's already in place right now, I think that Leonora could speak to that. It depends on whether, we'll get to longer leases in a little bit, but on the temporary locations it's part of that facility's rental agreement and it says who's responsible for having security, depends on the type of event. So we'll have to do a little bit of procedural change for that facility's rental agreement up front, like Dr. Escamilla said so we do have to procedurally change some things up front and get more information up front once someone wants to use a space or use a room or do a rent, like you said. - And are those rental groups required to say as per state law this is a restricted location on their invitation, is there wording that they're required in advance, or do they, I guess people show up, you have a sign outside that this location is, okay. - Yeah there'll be, and I'm already, I've got a couple questions about the signage still as we move ahead, coloring, I mean, color attracts the eye, I don't know if there's some standards. - [Tammy] There's a very specific standards on all signage. The font and you can use this size, everything. - And the size and everything else, so there's ways to do that and without drilling holes in every wall and every doorway. - [Tammy] I think if you get down to the policy, let's say someone shows up, and it's like okay I don't know this was a prohibited location, they're still allowed, if they have a concealed license, like they are now, to leave them in their vehicle. Not that you want to, but that's still part of the law so if you come in and the room's a prohibited location, then it is still legal to have your concealed weapon in your vehicle. - In the parking lot, there's a sign. - [Tammy] In the parking lot yes. - And who's gonna be the person that's gonna tell them you can't have that. If you don't have a security person. - [Tammy] Realistically, you wouldn't know unless they showed their weapon. - [Beth] If it's concealed, so yeah. - [Tammy] It's a concealed weapon, and if it's concealed, you're not going to know that they have it. You're only going to know it if it's revealed to you. - If they walk right in front of you and you'd see that big gun and you know. - [Beth] Then that would be a condition where if you felt uncomfortable, you would call security and have them handle the situation. - [Beth] So, it goes by the signage, and then if anyone feels like there is a concern, then there is instructions to call, yes. - Okay, moving on. - [Tammy] Okay, we already talked about if it's a safety issue then the president can deem that a temporary location and then other possible prohibited locations, the College leases locations to certain entities, the leaser of the lease facilities determines the restrictions on possession of weapons in those locations. The leaser of the lease facilities will notify the College of those restrictions as determined by the lease agreement. So, these are the long-term lease. This isn't just, I'm usin' the facility for the day or two hours or just for a short period of time, so that would be determined by the lease. Carrying of concealed handguns by employees. Any employee who is a licensed holder may carry a concealed handgun into his or her work area unless their work area or they're going to be entering one of the prohibited locations under the policy. However, if the employee is not authorized by college district to use the handgun in the course and scope of performing his or her duties, the possession, storage, or use of the handgun which results in personal injury or property damage may make the employee personally liable for the injury or damage. Furthermore, the employee may not be entitled to immunity under Section 411.208 of the Texas Government code or any other immunity or indemnity the individual may otherwise be entitled as a Del Mar College district employee. This is not anything new. I mean, this is already something we have in policy that if anything arises out of an action of any employee, if that action was not taken in the course and scope of your employment, then you would not have immunity or indemnity anyway. So, let's say, I guess an example of using one in the course and scope of your duty, when we have a police department and they carry firearms. It's in the course and scope of their duties to have the firearm and hopefully, they don't have to, but there's a potential they would have to use it. So, they would have, if it's in the course and scope of their duty, immunity and indemnification under College policy. Now our counselor can answer maybe some more of the legal questions, but this is not anything new. It's already part of the Texas Government code and policy right now. - [Carol] And so other employees, so Collegiate High School employees, contractors, all those folks, we would not have any liability for any immunity or liability for those 'cause they're considered visitors-- - [Tammy] They're not our employees. - [Carol] Our employees. But it also, if the area where they work or where they are located is one of those areas that's prohibited, then they're not allowed to have their weapon with them even if they have a concealed carry-- - [Tammy] And that would be a violation of the law, so then we would have the repercussions of bringing in law enforcement and it would be a violation of law and handled under a legal, under law enforcement rules. - [Elva] Some of the colleges are making available to their students a list of frequently asked questions. Is Del Mar planning to do something like that? - [Tammy] Well, we had a website that we put up the whole month of February and it's actually still up and if you on to the homepage, I think if you just type in campus carry, it will take you to that page, but it has frequently asked questions about this particular law and that the committee's working and we're forming regulations. Once this is adopted and we move forward with the implementation, more information will be rolling out to students and employees and others, anyone that comes on campus that it affects through rental agreements or leases that we have to put in place. - [Elva] So, how would the parents be informed? Are we planning to develop any materials for the parents? - [Tammy] Well, we're not an ISD, so we're not required to inform parents. - [Elva] Okay. Collegiate. - They would be under-- - That would the ISD? Okay, thank you. - [Trey] We'll work with them. - [Tammy] And we did talk to Dr. Rodriguez and they have already began their information and what they're gonna do to communicate to the parents since the Collegiate is on our campus, so they have already started that process of informing and educating. Storage and safeguarding of handguns. The College will not provide general storage, secured storage, or storage of any kind for handguns for License to Carry Holders. License to Carry Holders are solely reprehensible for safeguarding their handgun at all times. Questions? (laughing) - [Trey] More questions. - [Tammy] Any more questions? Yeah, there you go. - [Carol] You want more? - I guess the one question I have, it's a dovetail off the question that Elva had, is once this policy is passed, then it's implementation, and we've asked a lot about signage, but it is notification, so I assume you use emails and students and there is a big communication PR effort, right, to go on. - This is what was so important about it. There's two big reasons why we brought it to you today and didn't wait for the legislative session to conclude, and one of 'em was because this is the last board meeting of the semester, it's the last semester, this last big semester where many of our faculty are still on board and we still have an opportunity to market that and get that out. You know, the other reason we wanted to move ahead and get it for consideration to this Board today is because we are gonna use the next coming months, weeks, days, it's very short amount of time, to produce as much as we can in the way of signage and get as much as we can dedicated to marketing and pushing out, messaging this very important law and policy slash procedures. So, that's why it was, that's why we brought it to you today. Those two primary reasons. And there will be much communication taking place. Maybe we'll get the Viking to get out there and do a little bit of, no, I'm sorry, shouldn't mix business, anyway, our opportunity is in front of us and there's lotsa work to do. - So just a reminder to us Regents, I know Guy, you had a concern about abstaining or wanting to abstain because of not not approving of having to do this, but the reality is we still as a Board and Regents have to vote a policy in, like it, love it, hate it, we're having to do it, so, we do need a motion from the Regents, so we could-- - I have a comment and I'll be happy to make a motion, not happy to make the motion, I will make the motion. I don't, yeah, I don't think any of us want to enter into this, but at the same time, we have all taken an oath of office to uphold the laws of the State of Texas, and this is one of the laws of the State of Texas. So, I don't think we have a choice but to adopt a policy that is as strict as we can make it and still comply with the law of the State of Texas, which we have taken an oath of office to uphold. I say that multiple times because I speak for myself, I don't relish the thought of doing this. I don't think campuses belong on a, I don't think guns belong on a college campus. So, having said that, I will make the motion to approve, but I also would like us to realize or to see if there's a way that we can track, I know we can track the hard costs associated with this, but if there's a way for us to keep track of the costs associated with this unfunded mandate, another unfunded mandate from the State of Texas, I would like us to keep track of that as well, and I know that we are all, we have, you all have done a great job, I think, of looking at what the four-year universities have done. I know you all have done a great job of talking with your fellow community college presidents and administrations as you've gone forward in developing this. So, I applaud you in the time and effort, and I wanna thank the students for volunteering their time to spend and for the rest of our faculty and staff for the time that you have spent to bring forward what I know is a very thoughtful policy for us. So given that, I'll make my motion to approve. - I'll second that motion, and I wanna echo again for Mr. Watts that this Board is on record opposing this law. We passed resolution opposing it, didn't work, so now, like Carol said, we have to abide by the law and try to stay strict, but I like what you said about another unfunded mandate and somehow tracking what it's cost us so far. - And that could help with future legislative things that Dr. Escamilla talked about as things, you know, to prove the case to our legislators. - [Mark] Also money and time. - Other questions from the Regents before I open-- - Carol, I fully respect what you said. It had been troubling, wrestling with it, going all the way back to the beginning, madder than hell at the legislators. - We all are. (chuckles) On this one, not on the other stuff, this one. Any further comments by Regents before we open it up for public comments? - [Mark] Is that a second by Mr. Rivas? - Yes. - [Mark] Okay. - Are there any public comments? From the public or anyone who's worked on this project from the College's standpoint that would like to comment? I know we've got some people on the committee who are in the room. Anyone wanna weigh in? (whispering off microphone) Okay, come on Craig. - Chair and faculty counsel. - Welcome, Craig's chair of the-- - Cheers, faculty counsel chair. We did work very, very hard on this. I know that I do want to echo what was stated about all of the input from all of the various groups on campus and this was vetted, and is very, very difficult to put aside personal opinion on this. I do wanna say that you do have a choice. You don't have pass a policy on this. The law doesn't require that. By not passing a policy, as we have discovered in our committee meetings, there are some community colleges who decided not to approve a policy and by default, that means that every place on the campus would be open for concealed carry, and so by passing, approving this policy that again, I think has been very well vetted, I think it is in the best interest of the College, our students, our faculty, our staff. I feel, on behalf of the faculty, that what we put together here is probably the safest option that we have for protecting our students, our faculty, our staff, and our community. So, thank you. - And Augie, just to be clear, even though we could do that, the reality is that's gonna end up in court. - [Augie] No, no, Professor Brashears is at, I mean, did you hear what he said. If you don't pass a policy, then there are no, there are no areas where you're excluded-- - Oh, I'm sorry. So everything-- - Everything goes. - But we're in conflict with the fact we've got some areas that are excluded in other ways, like the early childhood center. - [Augie] And those are the hard ones. Those are the-- - Okay, I'm with you now. Thank you for that explanation. - So, yeah, there are some campuses that are saying eh, you know, but we didn't go eh. I just wanna echo what everybody has said, having been privileged to work with a great group of folks from all around the campus, including the students and I agree 100& with what Dr. Lewis and Ms. McDonald have said. This was a shared governance at its best. This was an emotional issue going into it. It's gonna continue to be an emotional issue, but I'm proud to be associated with a great team of people who took their job seriously and are following the law. - All right, any further public comments? Excuse me, hearing none, we'll do a roll call vote please, Dahlia . - [Dahlia] Dr. Adame. - Yes. - [Dahlia] Mr. Bennett. - Yes. - [Dahlia] Miss Estrada. - [Elva] Yes. - [Dahlia] Mr. McCampbell. - Yes. - [Dahlia] Miss Messbarger. - Yes. - [Dahlia] Mr. Rivas. - Yes. - [Dahlia] Miss Scott. - Yes. - [Dahlia] Mr. Watts. - Abstain. - Motion carries with one abstention. Thank you, I mean a big thank you to everyone. I know this a big one. It is a big one, and it was an important one, and we spent a lotta time on that, and I wanna be sensitive to our time because of some of the events we talked about earlier in the meeting. I'm gonna ask Lenora on the fee schedule. That's a pretty quick one, isn't it? - [August] Yes. - Let's do that one next and see how we're doin' on time. - Let me get that. Thank you very much. In my memo, it stated, it refers back to the policy that this Board approved back in February 14th. It went into effect February 14th, which basically states that the Texas Higher Education Courting Board requires that the board, governing board set and approve the fee and tuition schedule for continuing education courses. This does exclude corporate services. I wanted to point out. And so what we've provided for you today is several pages of fees and tuition per course and for continuing ed, and I'd just like to point out that this is not an area where, in the credit side, you can set a per dollar figure for contact hour or for credit hour. It's not that way because we go from such a variety of courses. Some are funded, reimbursable from the state, some are not reimbursable from the state, and then some go from commercial truck driving or bus driving certification all the way down to the more personal enrichment courses, even like clowns. So, there's such a varied difference and you can see that throughout the schedule. To be quick, I'll just say that the schedule is attached and what our staff did was a very a good job in that they didn't just go through and say, we're going to increase them all a certain amount because this had not really been reviewed thoroughly in a while, as far as universally. They did do a survey of other colleges. This is an area where we wanna remain competitive in a certain way, in that when we work with business and industry or groups or even individuals we wanna make sure that we're providing these courses at a fair market value, let me say it that way. And so what you have before you is the schedule of all the courses and then you also have a schedule that shows the difference, meaning the increase or actually a decrease between last year and this year, between 2016, '17 as we move forward to 2017, '18, and these fees and tuition would go into affect in the fall of 2017, and so what we're asking for you today is your review and approval of this schedule. - [Guy] So moved. - [Elva] Hi, I have a question. - Yes, ma'am. - Sure, let's go ahead, can we have a second, and then we'll open it up. - Okay. - So, we have a motion, a second, yeah, Elva please. - Yes, ma'am. - Some of the classes, I noticed are online, and yet we're chargin' a building use fee. - Yes. - Okay, why is that and also what is a third-party online fee? - Ah, very good. A third-party online fee is where, particularly in the area of real estate services, where we are paying a third party, a vendor for their online instruction, and so that's a cost that we pass through directly to those students, and so, it's where we've bought materials that are already prepared. - [Elva] Okay. - And so we pass that fee on. And then on the building use fee, I believe that's charged to everybody except when you get down into the senior education. - No, but I'm referring to the classes that are online and yet there's a building use fee. - There's still infrastructure requirements that are used to support those online students. So for instance, we carry infrastructure in IT to provide for servers and or other services that built in. So, there's always an associated building fee even for online students because all that technology comes to a place, it all goes to a facility, even if it's a virtual classroom. - It's not just about building use for classrooms, building use for any building, even for support. - Even in support, even if they don't come and sit, sit on campus, there's an associated building usage that's still tied to every course we offer. Yes, ma'am? - Thank you. - It's a good question. - It's a great question. - Other questions for Lenora? - Lenora? - [Lenora] Yes, sir. - The classes like Process Technology, are there any scholarships or financial aid available for that? Can they take advantage of anything to-- - [Lenora] Yes, there are. There are scholarships that are available, and I'm proud to say we're talking to major industry players right now who are offering even more scholarships, particularly in, they like to pick programs like Process Technology, and so there are, there is scholarships available. Now financial aid, per se, does not apply to continuing education. However, we do have some support funding that comes through the College similar to financial aid. It's not as much, but it is. - Okay, thank you. - And honestly, a lot of the, several of the students going into Transportation Services as an example, that's a three-week course that's $3,900 plus change, and so that, and a lot of times people don't have credit cards to put that much money on for a three-week period, and so that's where a lot of those aid funding goes. We also have arranged for some students to have access to student loans and that's had to come from outside vendors or outside financial institutions. - Great. - Thank you. - [Trey] Other questions? Do we have a motion? - Yes, we had a motion. - We had a motion, second. Sorry about that, I'm trying to keep us rolling here. - [Lenora] That's okay. - Any public comments on item number 10. Hearing none, all in favor signify by saying yes. - [Regents] Yes. - All opposed. Motion carries unanimously. - Thank you very much. - I think we're going to go ahead and try to slip in the Civitas, Dr. Silva, and that would be item number 10 on our agenda, sorry. - [Rito] Okay Chair, I am, for Civitas, I'll just give ya an update, they do overview, a demo, the project recurring you're working on and future projects. Do you want me to go through the entire focus on? Do we have enough time? - Yeah, probably about 10 minutes, do you think to go through all that? - [Rito] I can try to make it. - Okay. - In 10 minutes here. - Okay, 12. - First, I'm sorry? - Okay, 12 minutes. - Okay, 12 minutes, if we need to, I can come back and do it a little bit later here. Lauren Hametz was gonna be joining me today. Lauren Hametz is with Civitas. She is our senior partner and a consultant. She was called to jury duty. So, she had items two through nine, so I'll probably speed through those and give me a good excuse to run through 'em, but Civitas learning platform, and I know the Board of Regents have heard about Civitas quite a bit through conferences you probably have attended. So, Civitas has several applications, and they have a program called Inspire for advisor, Inspire for faculty, and that program tracks students' performance and allows for early intervention programs. They also have program called College Scheduler and that allows a student, to help assist the students build a schedule, so students can put, I wanna put these classes on there, and I want the classes from 10:00 a.m. to 2:00 p.m., but I have to take care of my children on Tuesdays and Thursdays. They can put all those variables in and the College Scheduler will automatically make a schedule for them and they can select out of a variety of different schedules, so that's another application that Civitas has, and they have a Degree Map and that is degree planning, kinda like a dashboard. It tells a student how far along they are in their degree plan and also has a what if button, so they can say, what if I change my major from Biology to Nursing, how much do I lose and so forth. So, the program that we have, that I'm gonna talk about is Illume. Illume is a predictive analytic program. It is built on what students at Del Mar College have been doing in the past. So, Illume is a product that we currently have. Before I go on, I do wanna note, we are currently talking to Civitas about adding some of these other programs as well. So, we are, yes sir? - [Trey] Just a quick question. So, the basic of the modules are Inspire, College Scheduler, Degree Map, Illume. We're starting with Illume. We can pick the others up. Do any of these provide for interactive modeling of what the financial cost is and like you pick a Degree Map and you can figure out what it's gonna cost you to do? - [Rito] Yeah, Degree Map. - Degree Map will do that. - The program does that. It kind of tells them in that what if button actually tells them, well, now you changed your major, you're 75% in, now this is how much it's gonna cost you. - [Trey] And the reason is, there's a lot of discussion from Board I'm, the committee I'm serving on on financial literacy for 60 by 30 plan that part of the problem is people, you know, students don't understand what it's gonna cost when they get in and if they make a change what it's gonna cost. So, you're tell us this will help us achieve that. - [Rito] Degree Map will, yes. But one variable on Degree Map, it's a very popular program that Civitas has actually stopped taking any more colleges in, so we've been talking to them. They actually are saying, they're kind of basically full for right now for Degree Maps. We're talking to them, wanna be first in line when they're read to open again. - [Trey] For the next module. - [Rito] But it's been a very popular program throughout the country. A quick demonstration on Illume. This is, again, Illume is a predictive analytics, basically, it's algorithms built on top of algorithms on what students have done, how students perform here at Del Mar College in the past. What you see before you now is basically we go to our Civitas right now that somewhere faculty and staff have been trained in, this is what they would see, and so what they would see is the persistent predictions. So based on predictors, and they have thousands of variables they use for predictions, I really can't go into all of 'em and I honestly don't know them all very well, but I know they have lots of predictors that they use to make this model. So based on what you're looking at, they're saying 53% of our students are likely to persist through the next semester, and they have a prediction distribution table to the right and it tells you how our students rank from very low, low, moderate, high, to very high. So, that's just kind of a very general look at how Illume looks like. The far left, you have filters. So, we can as employees go and we can select full-time versus part-time. We can look at financial aid. We can even look at age, gender. So, we can click on these different filters and select what kinda students we wanna look at. So, how 'bout a brief demo for you, just some screenshots. I don't have it live 'cause technology's great, but technology doesn't always work. So, I decided just do screenshots here. And so on this demo we're gonna do is we're going to look at Del Mar College, who are first time in college, transfer, and transients, in other words, I'm taking the dual credit students out of this equation, and so when we select those variables, then you see our active filter goes up to 55%, as far students who are predicted to persist for our Fall 2017 semester. - [Sandra] So that's Del Mar, what you have right there. - [Rito] Yeah, this is all Del Mar College. This is taken out the dual credit students, so it bumps up our persistence rate by 2%, and you'll see our distribution table gets changed a little bit. So, the next one we can do here is put this on a graph and compare it to our powerful predictors, which in this case, I'm using GPA. So, on GPA, you see the GPAs on the x axis and student population on the y axis and to nobody's surprise, if you follow this here, you'll notice students with GPAs of .25, .5 do not persist, and I think we can all kind of know this, but it's always good just to see it on a model. And as you go up, you see their GPAs, their persistence increase as the GPA increased. Very basic higher ed theoretical model and it follows the trend that we would expect. But how we can use it at Del Mar College here is Civitas Illume allows us to shade this area. So, we got a call in December from Civitas and said, would you like to try a certain program. We found out that students at one of your partnered schools, students with 3.0 and above are not persisting as high as we thought they should be persisting. My answer to them was, naturally, well of course, students at that level are probably transferring on to university and their answer to me was, no, not necessarily, we can't find them at a clearing house either, and so we're gonna do is have a Nudge campaign. In other words, we wanna look at these students who are very low persisters, but have a GPA of 3.0 or above. So, what we did is, we looked at this, we highlighted that 3.0 and above to see where those students are. Now, the next slide's gonna show you the real power behind Civitas, and I know I'm going through this really quickly because of time but I do wanna stop and show that this is what really makes Civitas very powerful for us and last time I presented about Civitas, it was coming to be a game changer and this is where the game changer is. Before, if I looked at anything, I coulda looked at minority males who are part-time students on financial aid, and for me to find out how to address those students and how to do strategies to, anything to help them stay in school, I would have to write a program and send it to institution of research and ask for them to send me a list of students back. Sometimes that could take two weeks up to six weeks. Well, that's all this time students are in school and not doing well and I don't have any intervention program for 'em. With Civitas here, I can highlight like I'm doing right now. It's all non-dual credit students with 3.0 and above and I get a list right away, which is your next slide here. Of course, we blacked out the students names and ID numbers 'cause of FERPA, but we get this information, we get their email. So, we get the students categorized in low, moderate, high persistence rate. So, now this gives us a tool to be able to implement intervention programs. And we can also put this program into Excel. So, we could export these programs to Excel and address these students however we need to. And so that is what really has helped us in a program. So, this was a real live program, what we did, Dean Dominguez from Enrollment Services actually got this, and we had a program called the Nudge Program and in December, we actually sent students who were 3.0 and above and we sent 'em kind of reminders and encouragement about registering for next semester, and we targeted some of the low, moderate students on that email. The partnered school is doing this is Lone Star College as well. So, Lone Star College, they find out, we're having this situation, they're talking to Civitas, Civitas gave us a call and said, would you be interested in this experiment, and Dean Dominguez took that on and did that. Civitas, you probably heard about Civitas for a while. Civitas is actually, I consider the birthday at Del Mar College for Civitas on December 1st of last year. So, you're probably wondering, I know Civitas was here before December 1st and you're right. They were here, but it was doing data input. So, they're working with Mr. Alfonso's groups verifying data, making sure that their predictions are accurate and running tests behind the scenes. So, on December 1st, we held our first of two trainings that we've had so far, and we had after training, we had deans, chairs, embedded advisors, liberal arts advisors, graduation coach, and retention case managers, and it was a really, it was a great meeting. Dr. Escamilla was there, he kicked us off at the meeting and talked about how Civitas was important for Del Mar College moving in the future, and based on the December 1st meeting and then Civitas, they were here, and I wish they were here, they would tell you, they're really impressed on two campaigns that took off based on the very first training sessions and those are the ones I wanna talk about today. Two campaigns, that Nudge campaign that I told you that Dean Dominguez led based on looking at students with 3.0 GPAs or hight. The other campaign was our graduation coaches. You remember our graduation coaches are from our Title V program, and those graduation coaches, we have three of them, they are working with students who are 75% complete in their programs or more and trying to get them to graduate and finish their course study here at Del Mar College. So, what the graduation coaches did, they sent emails to the group, they did seminar, like the demonstration I just showed you, and they got the students who are 75% complete, and they sent out emails, they actually did workshops. The flyer you see on this slide is the flyer they had regarding workshops encouraging students to apply for graduation and they also had one-to-one meetings. So, they call in students based on the data they received from Civitas and it went over a student's degree plan, all this in hopes increase graduation by 5%. So, that was our goal is increasing graduation by 5%. On our Nudge campaign, we found out that there was no significant changes in the retention rate as a result of Nudge campaign, but that's nothing negative. We learned quite a bit, matter of fact Dean Dominguez is making some changes on our next Nudge campaign. Civitas is great to work with. They sent us a recommendation how we can do. And when I sit down in meetings, we talk about how we're using this data and Civitas to improve our services, I tell 'em, look, it's great that we're even having these conversations and how to better serve our students and how to strategically serve our students. So, even though we didn't have any significant changes, the fact that we learn from it and we're gonna do it again is actually in itself a positive gain. Our other program that we had is our Graduation Program. That one was a really huge success. We had an increase of 26% in applications. Now, Chair, I thought you would like that picture. I put that picture in there for ya, I think, the picture you took this last graduation. So, we had from, I have totals here, so from last year, May 13th, we had 687 graduation applications. This year, we had 884 graduation applications. (applauding) Yeah, it's wonderful, it's absolutely wonderful. Now, we really hope that converts to actual graduations. We don't know until after finals and the grades come in, but it's really great to have gotten to this level as well. - [Trey] I assume you can track that with Civitas. How many said they were going to and then how many didn't, correct? - [Rito] I'm sorry, how many what? - [Trey] You can follow up on those same statistics and those that applied and that increase, you can see whether they actually did graduation? - [Rito] Yes, we absolutely can. - [Trey] Can you go back a couple slides there, Rito, if you don't mind. Is there any significance in, over, no, forward one more, to the Nudge, that one, nope, back one more. (laughing) Stop, okay. One bullet under Nudge, five or six bullets under Graduation. Is part of the success have to do with the amount of effort put into it and that we were learning it? - [Rito] I think it had a part of the success, and there's lots of different departments that really helped with this really good. I think what Civitas helps us is resources are limited, so it really allowed us to be very strategic and laser focused and how we do outreach for some of these programs, and so, I think that's what the, as we move forward with Civitas, that is what the value of what Civitas is bringing to Del Mar College as far as student success. If we can work, like the old saying goes, work a little bit smarter instead of harder because of limited resources. So, that's what really Civitas has brought-- - [Mark] So yes, we'll be able to shape strategies and add strategies and move from there. - [Rito] Right, absolutely, absolutely. As a matter of fact, while we're talking about graduation, I had a report yesterday, even participation for Friday night is up right now. We're anticipating well over 600 students participating-- - [Mark] That's huge. - [Rito] In graduation, the actual number is 638 as we have right now, which is a good number, so that's really what we're here for, so really excited about being-- - [Mark] Well, we'll have some data on the backend. - [Rito] And so future plans, again we have ongoing Civitas training going on. We have a minority male initiative that Dean Garner is working with as well based on Civitas. I've met with folks from the Foundation. They're interested in using Civitas in how they apply scholarships as well. And the STEM embedded advisors have contacted Lauren and have asked to come back for a training for them to work on how to work with STEM students, again. I'm sure there's other plans out there as well, but just wanted to give you a brief overview of Civitas. So, based on merit, Civitas is officially here doing well. As a matter of fact, Civitas at Del Mar College, again, one of its newest colleges to present at their summit just last month as well. Civitas is a great partner and you have to be selected to get into Civitas as well, and so they have done a really good job partnering with us and giving us hints on how we move forward. - Questions? Go ahead. - It's great you got these national conventions and watched all of this data come through, and I'm going, why can't we do this, why can't we do this, and just like I was saying earlier, it's great to have something just hot off the press that is not two years old or you know, at least a semester would be okay because then we have a place to go, but this way, it's wonderful. - [Mark] It's right on, it's on time. It's on time, it's the students that we currently have while they're in the seats, and that's what we're analyzing, so it's-- - It's very benefiting, and I need to thank Mr. Alfonso's group there. They did a great job in IT to get this together, do the backend work. And then so many people from Student Service side, academics side, every, which really buys in the program, so we're really excited about it. - [Sandra] The next time we have a training, can we come just to sit in, just to look at it? - [Mark] Sure, sure, I mean it's start-- - I do warn you, it's addicting. I actually, the first time I trained, I went back, and I would click on all these different filters, it was like, wow and wow, and my staff didn't like that very much-- - [Mark] That's why Rito doesn't go to Vegas. We keep Rito away from-- - [Trey] Sure, I think you have a question too. - This partner would say, oh, no, something else. - [Mark] No, no, we'll be glad to. - Well, it's not so much a question as a comment 'cause we have been having this conversation for a couple of years and we have been anticipating the data load and now the first working with Civitas, so I'm happy that is meeting at least our initial expectations in terms of how we communicate. I guess my next hope is that as have we the discussions around our annual objectives and our strategic plan and what we're going to be doing from a data standpoint, that we begin to look at the real student success points, that we have an opportunity to look at persistence rates and retention rates and graduation rates and completion rates 'cause I realize that all those things are a little bit different depending on how you're defining them but that we use the Civitas data to show us the current picture as opposed to the two years in the rear view mirror picture. So, I'm really anxious to see how this folds into those discussions for us in the future. I'm sorry I'm not gonna be here next month for the 60 by 30 strategic plan discussion, but I'm hoping that I'll get a briefer from Ms. Keas or from Dr. Escamilla when I get back, but that's where I'm hoping this goes for us because I think the initial information is good and quick successes like a 26% increase in graduation applications is fabulous, but as we use this data to move our conversations forward and to really be able to see where we can have quick, and by quick I mean semester by semester impact, I think is gonna be critical. - I think there's a strong desire on the Board from our discussions for several years now and even some earlier discussions today is that we're excited it's here, we wanna see data, we wanna see best practices, we wanna see how that's tied to peers. I mean, Civitas ought to be able to provide you peers, so could others, and it's got to be tied into the rapidly increasing expectations from Higher Education Coordinating Board and the funding mechanism for legislature because are they gonna see the Board saying, primer to you, which means also to you and everyone else, what are you doing with it, and how are we gonna get better and how are we gonna dramatically change the number of students going through, so forewarned and forearmed. - Sure, the next move with the next module is gonna be the key and we're about to decide that, I think any day now, by the end of the month for sure, as we move ahead. You know, we've engaged a company that's still, again, only inviting people to the table. They don't just open enrollment for anybody and so, they have, they're growing quickly, they're growing strongly, and so we can't move any faster than they can move at this point, and that's what we found. We're only moving as quickly as they can move. - You can also get on their radar list for everything now, if that's what you want-- - Oh, we're a preference to them. We're a preferred vendor or preferred customer, for sure. This next move is gonna be very strategic. Dr. Silva is working with various groups on campus to find out which one we can actually use to determine more synthesized data to the maximum benefit of the College. That's our next move right there. It's been a long time comin' but it's-- - [Trey] Very exciting. - Very exciting, for sure. - [Trey] Sandra's got a glow on her face, just saying, 'cause she's been talking about this for years. - [Sandra] The 26%, that was wonderful. Could we just check how many of those got a one-to-one session? - [Rito] Absolutely, sure. Sure, we can definitely check that. We have all these-- - [Trey] Your question's pointed to the fact that what we used to hear about these annual conferences is it's not just identifying who's in a category but who, what kind of help they got and what worked, so then you can apply that to the others. That was what was so exciting. - And one of the things that we found out through this is that, and I can definitely get you numbers one-to-one, but just the fact that we had tables out during lunch. Students that stopped by there, when I was out there, I kind of heard them, what are they doing? Well, they're encouraging graduation. Oh, when is that? And so it got the conversation going. College Relations helped us by having it on the website, you know, encouraging students to get graduation, so I get definitely get you that numbers, but we had that fringe benefits of just the buzz around, and us contacting students. I know Dr. Escamilla ran into somebody in the butcher shop saying, somebody called me from Del Mar College saying that I probably could graduate and came in and turned out, he was gonna be a graduate. - [Mark] You had to say butcher shop. (laughing) It's one of my favorite places. - At least it wasn't a gun shop. Okay, moving forward quickly 'cause we've got lots still to cover. Item number 12, discussion of possible action on, 'cause this is a non-action item, right? Mark, right, that we just-- - [Mark] Yeah, it was just informational for discussion. - Unless anyone has a motion, but I don't think so. Discussion of possible action on report of an investigation, whether Regent Guy Watts violated any duties under specific statute of law, Board bylaw, or Board policy, including censure under Section 1J Board bylaws and B21.4 college policy and other appropriate action. I think Augie's passing out his report investigation. I think he's gonna address this from the front. Augie, is that correct? And just for the record, Mr. Watts did leave earlier and left a note that he was removing himself from the discussion. - Thank you, Mr. McCampbell, Regents. I'm gonna give you a minute to review the report that has been handed to you. I will say this, that while it may seem lengthy, many of the observations in it you've dealt with before. This is not a matter, I should say at the outset, that any of you take lightly. This is the third such time that you have been compelled to initiate an investigation into conduct and activity by Mr. Watts. Back on March 24th during a duly called meeting of the Board, you all voted to authorize the Board chair or his designee and general counsel to conduct an investigation into recent conduct by Regent Watts in connection with activity and communications that he had in the Kinesiology Department. The purpose of the investigation under the Board bylaws 1J was to determine whether the actions violated any provisions of the bylaws, your code of ethics, college policies, or other relevant law. On April 11th 2017, you all voted to expand the scope of the investigation to include the review of correspondence authored by Mr. Watts that was dated April 2nd 2017. Pursuant to your authorization, the matter was assigned to me as your general counsel for handling. Mr. Watts was notified via email on April 3rd 2017 of the Board's decision to initiate an investigation and he was provided with an opportunity, as required under your bylaw, to respond to the investigation. In the scope of the investigation, to be clear, is again, certain interactions and communications that occurred between Regent Watts and certain staffers over in the Kinesiology Department between February 16th 2017 and March 6th 2017, including a two-sided written document entitled Southside Academic Campus and dated 1/24/17 by Regent Guy Watts. A copy of that document is attached to the back of this report. You all are familiar with it, but the attachments I'm gonna refer to or the documents rather are attached at the back of the report. While the investigation was engaged and pending, Regent Watts authored and mailed a letter dated April 2nd 2017 on letterhead identifying the author as Guy Watts, JD Ph.D and a Del Mar College Regent. The letter included the statement, "10 Del Mar academic proposals, majority vote on hold," and referenced a copy of the Southside Academic Campus page dated 1/24/17 by Regent Guy Watts that Regent Watts was handing out at the Kinesiology Department on February 16th. A copy of the April 2nd 2017 correspondence is also attached to the report. In connection with the investigation, the following materials were reviewed, the documents of issue, your bylaws, your code of ethics, Del Mar College policies, and minutes of prior board meetings. Also reviewed were the findings and conclusions of the final reports of two previous investigations conducted into the actions of Regent Watts dated March 21st 2016 and December 13th 2016, respectively, as well as your resolutions of censure, which followed from the reports dated April 12th 2016 and January 24th 2017 respectively. In addition, members of the Kinesiology staff were interviewed and Regent Watts responded verbally to the investigation. The investigation and the findings and conclusions in this investigation rely upon and are based, in part, on the prior factual findings from the prior to investigations of Regent Watts. For that reason, I've included as an appendix the prior factual findings that you all have accepted in connection with those two other investigations and they are at the back of the report. With all of that, on page two, we begin with the findings, and I call them additional findings prompted by this investigation that on February, and I will give you an executive summary because I think you can follow along and the details are here. On February 16th 2017, Regents Watts did personally appear at the Kinesiology Department and was handing out a document to employees there. One side was entitled Southside Academic Campus, 1/24/17 DMC Board Motion and the other side was entitled Southside Leadership Council Community Health Physically Fit Campaign. The document is dated 1/24/17 and it indicates that it was authored by Regent Guy Watts with the years of service 1998 to 2020. On the side of the document entitled Southside Academic Campus, there are two enumerated sections. The first refers to a higher education resolution adopted June 9, 2011 by the Southside Business Council and July 2011 by PIBA, FBBA, NWBA and supported October 31st 2016 by the Southside Leadership Council. It is assumed that those initials refer to the Padre Island Business Association, the Flour Bluff Business Association, the Northwest Business Association, and the Southside Leadership Council. According to Regent Watts and the document the higher ed resolution states that the Southside Business Council and these organizations urge that number one, Del Mar College to maximize students' level of academic discipline to truly prepare students for upper level undergraduate and graduate professional school and Southside Academic Campus. Now, to put this into context, in the past Mr. Watts has urged his personal views that the campus on the south side be named the Southside Academic Campus. You all have dealt with that. We've dealt with it here in this body in this room. You all have deliberated that and explained that timing-wise that the name is not appropriate at this time and yet, I think, here it is again. In the second section of that document, and if you're following, you've got academic proposals, and it's got GLW, Mr. Watts' initials submitted October 31st 2016, and I won't go over them because you've seen them before and they are on the flyer, but they're different academic proposals focusing on academic students, all matters that Mr. Watts has brought up before. The other side of the document is entitled Community Health Physically Fit Campaign and it appears to describe in detail a workout and diet program and identifies two different co-chairs, one of whom is Mr. Watts, JD Ph.D with a title Academic Advocate. These statements that are contained in this document that was being handed out in the Kinesiology Department on February 16th have been the subjects of prior investigations. That's why I included the factual findings from before. And those prior investigations have resulted in the formal Board censure of Mr. Watts on two different occasions. Moving on to the letter dated April 2nd 2017, again, the letterhead identifies the author as Guy Watts, JD Ph.D and Del Mar College Regent. Now, if you look at that correspondence carefully, it's got a list of different items, most of which appear to be non-Del Mar College matters. However, included in the list is the statement, "10 Del Mar academic proposals, majority vote on hold." The attachment is the same, Southside Academic Campus information referred to in findings three, four, and five with the original statement, "put on hold by present majority." In the attachment, Mr. Watts is twice identified as a Regent. Critical finding was that the Board did not authorize the production or dissemination of either document. Now, according to the staff, the individuals that I interviewed at the Kinesiology Department, the document that was handed out there created some confusion. There was a question by one employee, what am I supposed to do with this? The chair of the Kinesiology Department forwarded the email to the College President, Dr. Escamilla because she did not view it as an appropriate item for a Regent to be passing out. She explained that she believes that the Regents make policy and that operations are the staff's responsibility. Another Kinesiology employee was also handed the same document on February 16th, and she also reported to be confused as to why a Regent was handing out this document. She also did not agree with the statements regarding the Southside Campus, and remember, we're talking about the Kinesiology Department and these guys are experts when it comes to physical fitness and she also had a concern that the workout regimen that was on the other side of the document appeared a bit extreme and was possibly not safe. In any event, she also thought it was inappropriate for a Regent to be passing this out and so she forwarded to the College President, Dr. Escamilla. Following the receipt by the President of two different reports, Mr. Watts was advised that prior to, that day on February 16th, that prior to interacting with College employees as he had that it was protocol for a Regent to first coordinate any such communications with the College president. Now, this protocol as we have covered before, Regents, is based on your Board bylaws, college policy, and general governance and accreditation principles. We've discussed before the dangers of micromanagement when you get into the details of operations and also the Southern Association of Colleges and Schools has policies regarding what they deem inappropriate interaction by you, the Regents, and staff and employees. I've listed the different college policies, B2.3, B3.1, which are what I'm referring to that any communications between members of the staff really should go through the president of the college, and that goes for you all as well. Now, let me be clear, does that mean that you can't be friendly with staff or ask an occasional question or get some information? No, but that's not what we're talking about here. From the interviews that I conducted, it was clear that there was some concern on the employees' part about what was being handed out, and that's why they reported it Dr. Escamilla. There are also bylaws that, that state that you are to refrain from communicating with students, staff, and faculty in any way which could be interpreted as having authority outside of board meeting. And on March 6th 2017, the equipment manager and the Kinesiology Department reported to the director or the chair that Regent Watts had stopped by and requested that starting blocks be reinstalled at the College swimming pool. And the equipment director reported that Mr. Watts had made the request a couple of weeks earlier in the last week of February and that he had been told, maybe you need to go talk to the safety office, and he did and he came back a second time and requested that starting blocks be placed at the swimming pool. Now, the reason the timing there is significant is that by this point, presumably Mr. Watts had received the email advising him to coordinate all communication with staff through the College president. So, it's a second time in two weeks where Mr. Watts is going directly to the staff and in this case, directing a staffer on what to do. - [Trey] Augie, I assume you're essentially talking about all these previous reports, getting over the ones we did before-- - Right. The equipment director also made it clear he never agreed with Mr. Watts about placing the blocks in the swimming pool and that Mr. Watts does appear in the Kinesiology Department occasionally and proposes ideas to the staff on how to conduct operations, including hours of the gym and other ideas for college athletics. Now, Mr. Watts has responded. He admits that he had a conversation with the equipment director, but he suggests that it was only a conversation and that the equipment director actually agreed with him. So, there's a conflict in what they're each saying. He also explained that he does have, he used to have a lot of communications with faculty and he states that he intends to continue with this interaction, and he's been very clear that he bases this on what he perceived to be free speech rights. He did acknowledge that the College president asked him to refrain from interacting directly with the College staff and he committed to communicating through the College president in the future. He did commit to that. And while he acknowledged the Board's prior censures, he did state that it is his objective to quote "speak for the academic students on the south side," and he intends to continue to do so and does not consider what he is doing as improper. The other thing that in the final findings, I do point out that back in February of 2016, on February 2nd 2016, the Padre Island Business Association wrote a letter to Mr. Watts that was copied to the College president and that you all saw and that actually initiated a prior investigation and censure, and the Padre Island Business Association had been appearing in some of the handouts that Mr. Watts was spreading around. I've included a copy of that letter again in this report because they are very clear, they asked that Mr. Watts not use their name in any communications or correspondence without their approval, and they made it clear that what he was saying about their support of his concept of a Southside Academic Campus was not correct. They explained very clearly, and this has been covered in a prior investigation, that while they support the Southside Campus wholeheartedly, they're leaving the programming and the operations and what to name it up to you, the College. Nonetheless, as recently as April 2nd 2017, in the letter that you have, Mr. Watts has continued to use the Padre Island Business Association's name in his documentation. I've also included your resolution that you adopted back on May 12th 2015 setting forth the Board's collective vision for the Southside Campus, and that's important because there had been statements made by Mr. Watts that he is standing up and representing, he is standing up for and representing the academically-inclined students in his district. If you look at that vision that you all have crafted, that you all took a lot of time and deliberated, there's plenty of academic in there. You all support academic students. You call support academic programs. And I wanted to make that clear. I also cite the relevant bylaws and the ethics provisions, but I wanna go ahead and go straight because they're incorporated in this to the conclusions that in my opinion are supported by the factual findings in the report. Number one, there's substantial evidence to support a conclusion that Regent Watts has violated bylaw 1A2, the duty to enhance the public image of the College. By continuing to disseminate information amongst staff, as well as throughout the community that advocates for a community college that would effectively, that effectively would physically divide and segregate those Del Mar students enrolling in job training and developmental programs from those enrolling in other academic programs, Regent Watts continues to engage in conduct that diminishes the public image of the College. Additionally, continuing to include PIBA as a supporter of his higher education resolution in spite of PIBA's request that he not do so does not enhance the public image of the College. Conclusion number two, there is substantial evidence to support a conclusion that Regent Watts has violated bylaw 9D, that is the duty to act on behalf of the Board only with the official authorization of a majority of the members of the Board. The Board did not authorize Regent Watts to hand out or send this document to the staff of the Kinesiology Department or anyone else. By identifying himself as a Del Mar College Regent in a communication that discusses College matters gives an impression that the document has to do with official College business and that Regent Watts has some authorization to send this document. Conclusion number three, there's substantial evidence to support a conclusion that Regent Watts has violated bylaw 9E, which is the duty to refrain from communications which could be interpreted as having authority outside the meetings of the Board. Again, by continuing to identify himself as a Del Mar College Regent on communications that he has sent out in past and been censured for, he is potentially creating confusion in the public over the Board and College's intentions regarding the Southside Campus. This is evidenced by the fact that the two Kinesiology, two of the Kinesiology employees expressed that very concern, what is this? They were confused. Importantly, and this is important, Regent Watts' comments also incorrectly imply that the Southside Campus does not have academic programming when it will and that the other Regents on the Board do not support academic programming when every one of you does. Regent Watts' actions in the Kinesiology Department not only violate the bylaw provision cited but also policies of the College 2.3 and 3.1 and could represent a violation of the accreditation standards set out by the Southern Association of Colleges ans Schools, which, and it bears repeating, Standard 3.26 of SACS states that there is a clear and appropriate distinction in writing and practice between the policy-making functions of the governing board and the responsibility of the administration and faculty to administer and implement policy. Conclusion number four, there was substantial evidence to support a conclusion that Regent Watts has violated bylaw 9G and code of ethics two, the duty to work with you or with each other on a spirit of harmony and cooperation and in a manner that creates and sustains mutual respect. By continuing to promote his own personal view of the name and design of the College's emerging Southside Campus, Regent Watts also continues to completely ignore the actual action taken by the Board in 2015 regarding your collective vision for the new campus, and it further creates a culture of disharmony between himself and the rest of the board members. Mr. Watts' actions also ignore the substantial time and attention that this Board has dedicated to discussing the staging of campus naming and program implementation and instead, continues to create a friction point with his instance to name the campus the Southside Academic Campus. Again, Mr. Watts' comments also correctly imply that the Southside Campus does have academic programming when it will and that the other Regents do not support academic programming when you do. Conclusion number five, there's substantial evidence to support a conclusion that Regent Watts has violated bylaw 9.N, which is the duty to bring about desired changes through legal and ethical procedures. Mr. Watts has had plenty of opportunity before this Board in duly called meetings to bring forth his ideas. You all have considered them, you've deliberated them, and you've made your decision. By continuing to hand out a memo that ignores your prior actions is not an effort to bring about a desired change through legal means. By refusing to respect the decision of a majority of the collective board and seeking to change it by using the legal means available to a Regent to put items on the Board's agenda, Mr. Watts continues to engage in conduct that violates your code of ethics provision three. And finally, there's substantial evidence, this is number six, conclusion number six, there's substantial evidence to support a conclusion that Regent Watts has violated bylaw 9.P, and that is to refrain from any attempt to influence any operational-level decision except when such is an issue at a board meeting. By proposing of operational changes in the Kinesiology Department as to programming or the use of facilities, the evidence shows that Mr. Watts is attempting to influence a college department or an employee on an operational matter. He directly approached a Kinesiology staff member twice regarding blocks for the swimming pool, even after he had been advised of the protocol for communications of this type, and according to the employee, Regent Watts has a history of making such operational recommendations in the past. Aggravating circumstances, this is the third time that this Board has been compelled to formally investigate Regent Watts's conduct for essentially the same repeated actions. This is a factor that you may take into account in determining how to proceed. And the reason I mention that is that, for whomever thinks that this is the first time or that there haven't been efforts to counsel or to address it short of a full investigation, that's why this report is loaded with the prior factual findings to show that there's been a course of conduct here that's repeated and that continues. Page 11, the recommendations. So, based on the factual findings and the conclusions, recommendations read as follows, and you know that since December of 2014, you've taken public action to repudiate false and misleading public statements that made by Mr. Watts. So, repudiation is an option. However, you have previously on two occasions taken the ultimate action that you can take under your bylaws and you have censured Mr. Watts on the basis that he violated his duties and provisions of your bylaws. Censure is an option for you. A public reprimand would be an in-between. Based on the findings and conclusions made in this report, it can be determined that Regent Watts has violated several provisions of the Board's bylaws as well as College policy. Whether censure's the appropriate consequence for these actions is up to you as a Board, as in the prior two occasions. It's up to you as Board, as a whole, to collectively determine. One final note, as you have been previously advised, the options that you have as a Board under your bylaws regarding a Regent who has violated the bylaws are limited. They're limited to censure. There is no direct legal authority allowing a Board to remove a Regent from office. However, as was explained to you all during the ethics workshop that we had back in February, state law through Texas local government code section 87 does provide for the removal of certain public officers on grounds including gross ignorance of official duties or gross carelessness in the discharge of those duties. And in my opinion, that local government could apply to you. That's outside the scope of this particular investigation. Those are my findings and conclusions, and I'm happy to take any questions that you have. - Augie, before we open this up for questions and comments, something else occurred to me, and I'll go back to an earlier agenda item, and I believe someone on this side made reference, oh, maybe Carol, about our oath of office. So, I just pulled it up, and our oath of office says, "I will faithfully execute the duties "of the office of Regent and the Del Mar College District "of the State of Texas and will to the best of my ability "preserve, protect, and defend the Constitution "and the laws in the United States and of this state." And it seems to me, if you go to the front page, the first paragraph, what says the purpose of the investigation was to determine whether Regent Watts' actions have violated provisions of the Board's bylaws, code of ethics, College policies, and other relevant law. We haven't thought about this, but really, it's also violating his oath. He took a sworn oath of office at the beginning of his term that he would uphold the laws, and so, it's, I'm not trying to put that in at the last minute of this report, but it just dawned on me that that's, that's the bottom-line test we all take. When we're elected, Ed most recently, Carol before that, all of us at different points, that when you swear to do that and you have all these other violations, you're not keeping your oath either. - [Augie] It's hand in glove because if you're not following the law or complying with the law, then you're not holding up your oath. - And another thing I just want to remind, not so much the group that's here today, but the folks that are watching or may see this later, is we have a responsibility under our accreditation agency as a Board of Regents or a governing body to self-regulate ourselves and hold each other accountable under our bylaws, our code of ethics, and things like that. So, this is, you know, just 'cause we've done it once, when further instances come up, then we have that responsibility under that to still continue to try to regulate ourselves. So, that's one of the reasons this is back up on the table again. - And I would add this, Regents, if there's one thing that has come up in every one of these investigations is that, and I know each of you have received calls from the community. I know you get questions from the public. It is not something that is happening in isolation. There is confusion. I mean, what happened in the Kinesiology Department was the two employees I interviewed was not an accident. It's confusing, what's going on, what are you all doing, and that's the reason that you all agreed to abide by these rules on how you're gonna communicate and that you're gonna communicate collectively as a Board, so as to not create confusion because when you create confusion, then people make assumptions, and when they make assumptions, then you lose credibility. And so, for the sake of the public, for the sake of the community to keep the record straight, that's another compelling reason why you need to continue to enforce your rules. - [Trey] With that we open it up to discussion or comments. - Let me ask you, Augie, a couple of questions, if I can. - [Augie] Sure. - On April the 3rd, you stated that Regent Watts was notified via email of the Board's decision to initiate another investigation. You said he never responded. - [Augie] He did. - He did respond? - [Augie] Verbally. - Oh, verbally, okay. So, what was his response? - What I included, I mean he, in the report, in terms of his findings that he had a different characterization of the conversation he had with the equipment director. - [Trey] And it was 28, 29, 30, and 31 on page six. And that was a verbal discussion that we had at a prior session of-- - That was included in there. Okay, I wasn't sure that was. - And he also made some statements about how he views what he's doing and that he's not going to back off, he's gonna continue making the statements he makes in the means that he's gonna, and he's gonna continue to use the same methods for getting out his statements. - Are there questions, other questions for Augie about his investigation? Yes, Ed? - I got a couple of questions. Would it have made any difference if he didn't refer to himself as Regent? - It might, I mean, the fact that it says Regent, he his clearly identifying himself as a Regent, but to the extent he's talking about college policy and college matters, there will be those who know that he's a Regent. - And then would it make any difference if he had not come on campus? I know he's handed out thousands of these. - Yeah, but coming on campus was about addressing employees directly, which whether he's on campus or corners of an ATB, it's probably the same sort of thing, isn't it Augie, in terms of going direct not going through our designated liaison and then the handing out was the non-factual information on some of that. Isn't that the two pieces of it? - [Augie] What's your question, Regent? - If he just handed it out in the public and not come on campus and had not had Regent on there, would he still be in violation? - [Augie] Hard to say. That's not the situation we have. - I understand. Okay. - And it depends on, to the extent and degree of what the rest of the information is. 'Cause that's part of the problem as well. It's not just that he designates himself-- - So, his recent piece, I had three, handed to me recently. That's the ones you're referring to, yellow glossy card on what is a healthy, when is the Southside, I may get the committee wrong, Southside Academic Leadership Council, whatever, I think it's called, the other side Hilda Living, but he still refers to-- - And there are two different issues implicated there, Regent. The first is confusing people about whether or not you're speaking on behalf of the Board or speaking as a Regent, but then the content itself is objectionable because he's speaking to matters that this Board has already addressed. - Thank you. - Thank you. - [Trey] Sandra is trying to say something here. - You know, we've done the censure, what, three times now? - [Augie] Twice. - Twice, and he goes on and makes believe that that's not happening and it's like, okay, you're out on probation, the third time's it, and he continues to just go out, you know, and just do exactly the same thing all over again. So, one of the last comments that you made, according to the law, let me see, gross ignorance of official duties. Officially, you told him, please do not do this again. - As I said, I included that in there so that there's not a misimpression, and I explained this during the ethics workshop. When I say and as has been stated before, when it is said that you have no options under your bylaws to remove, I didn't want the misimpression to be left out there that there's no basis under which you could ever be removed, and there are state laws that apply to you, including section 87 under which you could be removed. That's outside the scope of what I'm presenting to you this afternoon. The options that you have would be to take no action, to vote to repudiate his actions, which is censure light, basically, or vote to censure him again for his conduct. - [Trey] Carol, oh, I'm sorry. - What was the first option? - [Augie] Repudiation. - Thank you. I have said this before, and so I'll say it again that the concerns that I have are that this is the opportunity, at this table during these meetings, is the opportunity in which to discuss, make a motion, get a second to that motion, and have discussion on a motion to put forth whatever idea or concept that we want, and so you do that this table. You don't do it with thousands of postcards. He can certainly, in any sort of campaign that he wants to run, do that 'cause that certainly is, some of that is protected speech. The issue that I've had with this all along is this is the place to have those discussions, and then when we make a decision that I don't always agree with, we move forward. We make a decision that you don't always agree with, we move forward and we abide by it. We don't continue to undermine the decisions of our fellow Regents. The thing that makes this particularly different, so first aspect for me is this continuing inability to address his proposals at the table at which they ought to be addressed. The second thing that makes this significantly different for me is the direction to College staff, as unintentional as he thinks that is, one time is a suggestion, is a comment, is a comment from a frequent user of facility, but when you've been asked to not to do that and you do it again, then that becomes willful, no longer unintentional, and you had the comment during the Campus Carry discussion that there's a difference between unintentional reveal and intentional reveal, and so again, I understand that, again, one time is unintentional, but to continue to have that kind of behavior puts our College staff in a difficult place, and if College staff is uncomfortable when a Regent repeatedly makes a suggestion, or even one time makes a suggestion that doesn't sound like a suggestion, sounds like something other than that, that crosses that border. And we're all adults. We all know our, we ought to know our tone of voice, we ought to know how someone in a position is going to take a comment that we make. So, that's my issue he is that it is continue, and I know he's done it before with folks in this room, provided comments to staff in this room that they're considered direction, but reaching down into our professors and our staff, I just think that that's highly inappropriate. - And Carol, to add to that, I mean, not that, we all had the same, maybe it's not a burden, but it's a responsibility and we've all been educated, I think we've done a good job as a Board to annually look at code of ethics, you coached us Augie, you tried to teach us, but then you add to the fact that Guy's an attorney. So, some of this stuff he should actually know it better than us. I mean, in theory, Ed and I know the financials better than most of the rest of you all, so in theory, you and Guy know this better than the rest of us since you're the two attorneys in the room. That's just the conundrum, but I think the quest on the table today is what kind of action do we wanna take, just to clarify from what you said Augie, if we want to do a censure again, which would certainly document for SACS and for the public, you know, where we are, the protocol would be for us to have a motion today to direct you to prepare an order for censure, and that would be brought back to us next time, just like the last few times. The other two options, if we wanted to do are repudiation of the facts, but that doesn't deal with him violating our ethical policy and our bylaws, which we haven't, you know, that the censure then would actually tighten that up a bit. - Repudiation, let me be clear, it's not in your bylaws, but it is generally accepted as sort of a first step in a chain-- - [Trey] Well, we did that as a first step before we ever started doing censures, sort of on the path of documenting what he's done with censures would be my take, but it really, it's up to the Board in terms of what is the action they wanna take today, and if someone would like to propose a motion to Augie to direct an order. - And to remind you what you've done in the two prior occasions is a motion's been made to accept the findings and conclusions of the investigation, and you've directed general counsel to prepare a resolution of censure. - And so, just to be clear, we at least need to do the first part. We need to accept your investigation today, and then if we want to do something in addition, that could be in the same motion. Okay. - May I say something? - Sure. Dr. Escamilla would like to-- - I'd just like to say that as I, looking at the amount of time and resources that this is eating up when we, frankly, rushed a presentation somewhat. Your 12 minutes went a little long, Dr. Silva, and rightfully so. That's what we're supposed to be focused, that, to me, and as I look at Regent Scott's comments about we want some data and synthesis, and these types of data and these types of presentations and so forth, this takes from that so much, and it is painful to have to allocate the unnecessary amounts, well, unfortunately necessary amounts of time for these proceedings. It takes from the College. It taps us out. We will bend over backwards to give any information to anybody in the public within reason, to include our Regents and staff, whoever wants the information. That has never been an issue. But the burden, again, of the resources and time that it takes away from this College is great, it is immense, and it is burdensome. - [Sandra] Do we not have an option to send all this information to the Attorney General? - [Augie] No. - [Sandra] I thought we talked about that. - [Augie] No, somebody would have to file, somebody would have to file something with the D.A. - Correct, under section seven, a petition for removal could be filed, it's a civil action. - [Augie] Anybody, any resident citizen. - That's right. - [Nick] Mr. Chairman, it's clear that he's not operating any gray area. I mean, these are blatant violations of policy. I move that we accept the investigation finding, Mr. Rivera's report. - Second. - And do you want to have a move for him to prepare an order for censure or just to accept it and end? - Prepare for censure. - [Trey] Okay, so your motion is accept investigation report and direct counsel to prepare an order of censure as in the past that would be presented next time. - That is correct. - Thank you. - Okay, Sandra. Further discussion by any of the Regents? - Just so that it, just for the record, I like to touch on what Dr. Escamilla just said. I consider my time very valuable and I just hate to sit here and waste time, and I'm sure all of you consider your time very valuable. Your time is important. So, I resent that very much. Another thing I resent is the fact that he has threatened my election, not once but twice, and I resent that very much. - Other questions or comments by Regents? Anyone? Any public comments on agenda item number 12? So, motion to accept the investigation and direct counsel to prepare order of censure, motion for order of censure, I guess. Okay, let's do a roll call vote on this please. - [Dahlia] Miss Scott. - Yes. - [Dahlia] Mr. Rivas. - With regrets, yes. - [Dahlia] Miss Messbarger. - Yes. - [Dahlia] Mr. McCampbell. - Yes. - [Dahlia] Miss Estrada. - [Elva] Yes. - [Dahlia] Mr. Bennett. - Abstain. - [Dahlia] Dr. Adame. - [Nick] Yes. - Motion carries with one abstention. - Thank you, Regents. - Okay, thank you. This is the time in the agenda where I open it up for general public comments. It is noted in the agenda. Do we have anyone that would like to, that signed in, Claudia for general? Okay. - [Claudia] No, sir. - Okay, then I'm gonna call us back into closed session for one other matter. I have to read this, and then we'll excuse folks and try to get this done pretty quickly. Texas Government Code Section 5511.07481, personal matters regarding employment, evaluation, reassignment duties, discipline, dismissal of a public officer include review of Regents' duties, responsibilities, and statement of ethics, Regent law, and possible discussion and action in open session, and Texas Government Code 551.071, consultation of legal counsel regarding pending or contemplated litigation or settlement an offer, possible discussion of action in open session, and the seeking of legal advice and counsel on pending legal or contemplative matters or claims with possible discussion of action in open session. And it's 4:01, we'll go into session really quickly. Thank you. (gentle music) (gavel bangs) We are coming back into open session at 4:25 p.m. Does anyone have a motion that they would like to make? - Yes, Mr. Chair, at this time I would like to move that we authorize the Board Chair or his designee and general counsel to initiate another investigation of bylaw 1J into new recent activity and communication by a Regent Guy Watts. - [Elva] I second the motion. - We have a motion by Mr. Watts, and a second by-- - Rivas. I'm sorry I said Mr. Watts, I'm sorry. (giggling) Gabe and Elva, I'm so used to first names. Thank you for that. Further discussion or comments by the Regents? Any public comment on the motion? Could we have a roll call vote, please then? - [Dahlia] Dr. Adame. - Yes. - [Dahlia] Mr. Bennett. - Yes. - [Dahlia] Miss Estrada. - [Elva] Yes. - [Dahlia] Mr. McCampbell. - Yes. - [Dahlia] Miss Messbarger. - Yes. - [Dahlia] Mr. Rivas. - Yes. - [Dahlia] Ms. Scott. - Yes. - Motion carries unanimously. Thank you very much, Regents. We're at the very end of our meeting. We'll get you out of here quickly. I'm sorry, the calendaring follows closed session. Everyone knows that graduation is this Friday at American Bank Center, and we're to be there to robe up at 6:30, correct? - Correct. - By 6:30. - By 6:30, by 6:30. I told Dahlia I was gonna be there. I have every intention of being here, but they're taking me to Coushatta for my birthday, and I'm driving back Friday and plan to leave there no later than 10 in the morning. It's about a six-hour drive, so-- - There you go. - That will be nice. I have told Miss Dahlia that I was not going to be here, but I will be here, and I will take your place. - Oh, thank you. (laughing) - [Elva] Miss Dahlia, I'm gonna be here Friday. - Great, so it will be a great graduation, and our speaker is Elizabeth Richter, Chu Richter, which oughta be really great. That's in May, the last official event of this semester. In June, we've got the CCAT conference. I think Dahlia's been working with you on reservations for that. GED graduation on the 8th, our Board Day on the 13th, I know Carol's outta town, I'm outta down, for the record, we're not in the same place. (chuckling) So, it's a, so-- - Glad you said that. - So we wanna make sure that we are, you know, we've got a core on that day, it'll be lots of good things going on. And I'm gonna leave internal audit in the hand of Ed Bennett. See if we have internal audit reports that day. The Strings for Scholarships Party is the 16th, or the Captain's Party followed by the event on the 17th. Moving to July, I'm gonna say it again, even though we said it five or six times today, a very important day on the 11th, that's the Board retreat. I would plan on blocking out the whole day at this point. We don't know yet how long it is, but we will really be spending time further delving into that 2014, the rest of those programs and jumping into the 2016 bonds. So, it will be a very exciting day. At the end of the month, we start our annual workshops related to the budget, so there's the budget workshop at noon on the 28th. And then August our Board Day, I don't know yet we'll have a workshop, we'll try to keep it fairly slim 'cause we have a lotta meetings that month. And summer graduation on the 18th and two other hearings if we need them. So, any questions about calendaring? - [Elva] I don't want to embarrass Dr. Escamilla, but I just found out that he's going to be the keynote speaker on Saturday for Texas A&M Corpus Christi, congratulations. - Thank you, thank you. - Wonderful. (applauding) - Thank you, lookin' forward to it. - [Trey] Are you gonna sing like Dr. Eleph did? - No, sir, no sir. - Okay. - I'm gonna be very clear, no singin'. (speaking off microphone) - [Trey] There you go. - I didn't think about that. I may write that in. - If there's no other calendaring items, then we are adjourned at 4:28, thank you.
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