October 18, 2021 at 6:30 PM - Regular Meeting

1. Roll Call
 

2. Invocation
 

3. Approval of Minutes
 

3.A. September 20, 2021 Regular Meeting
 

3.B. September 29, 2021 Special Meeting
 

3.C. October 4, 2021 Special Meeting
 

3.D. October 5, 2021 Special Meeting
 

3.E. October 7, 2021 Special Meeting
 

3.F. October 8, 2021 Special Meeting
 

4. Communications
 

5. Audience to Patrons and Petitions
 

6. Information Items
 

6.A. Enrollment Reports
 

6.A.1. Credit Students. The Registrar’s Office reports the attached headcount/contact hour enrollment for the Fall 2021 semester.
 

6.A.2. Dual Credit and Concurrent Enrollment Report. The Registrar’s Office reports the attached dual credit and concurrent enrollment for the Fall 2021 semester.
 

6.A.3. Community Education Courses. The Director, Community Education, reports the attached enrollment and participation hours for the month of September 2017-2021.
 

6.A.4. Center for Business/Industry Training. The Director, Center for Business/Industry Training, reports the attached enrollment and participation hours for the month of September 2017-2021.
 

6.B. Report of Taxes Collected. Attached is the report of taxes collected for the month of September 2021.
 

6.C. Report of Unfilled Positions. The Vice President, Human Resources, provides the attached report on vacant positions that are currently being advertised.
 

6.D. Resignations and Retirements. Pursuant to Board Policy DMD (LOCAL), the President has accepted the written notice of retirement from the following contract employee:  

Mr. Ronald Colwell, Instructor of Process Technology, submitted his notice of retirement, effective January 31, 2022.
 

6.E. New Teachers for Community Education Program. There are no new teachers to report for the Community Education Department for the month of September 2021.
 

6.F. Fund Development Report. The Vice President, College Advancement, provides the attached report on fund development activities of the Brazosport College Foundation for the months of September and October 2021.
 

6.G. Board Focus Report. The Vice President, College Advancement, provides the attached Board Focus report for the 3rd quarter of 2021. The report is a summary of Regent Visibility activities from January 1, 2021 through September 30, 2021.
 

6.H. Community Development Block Grant Budget. Attached is a communication from the Director, Business Services, reporting on a notification from Brazoria County that Brazosport College has received approval for the Community Development Block Grant for 2021-2022 in the amount of $26,500 for Community Education workforce program scholarships.

The President, under authority granted by the Board, has approved this recommendation.
 

6.I. Marketing & Communications Annual Report. The Director, Marketing & Communications, provides the attached annual report of the Marketing & Communications Department for the year 2020-2021.
 

6.J. Grant Administration Annual Report. The Office of Grant Administration provides the attached Annual Report for 2020-2021.
 

6.K. Student Success Center Report. The Dean of Student Services submits the attached Student Success Center report for 2020-2021.
 

6.L. Gator Gallop. The annual Gator Gallop run is scheduled for Saturday, November 13, 2021. This year’s event will feature a kids run, 1 mile run, and 5K run. Gator Gallop is open to all community members. Registration and information for the race is available at https://runsignup.com/Race/TX/LakeJackson/BrazosportGatorGallop?remMeAttempt=.
 

6.M. Foundation Board Annual Holiday Meeting. The Foundation Board Annual Holiday Meeting is scheduled for Wednesday, December 1, 2021, at 6:00 p.m. Members of the Board of Regents and their guests are invited to attend. More details and invitations will follow. 
 

6.N. 2021 Texas Higher Education Leadership Conference. The 2021 Texas Higher Education Leadership Conference is scheduled for Thursday, December 2, 2021 through Friday, December 3, 2021 at the AT&T Hotel and Conference Center in Austin, TX. Members of the Board of Regents are encouraged to attend with Dr. Millicent Valek, President. Registration for the conference is to be made through Kasie Guthrie, Executive Assistant to the President.
 

6.O. LVN Pinning Ceremony. The LVN Pinning Ceremony is scheduled for Wednesday, December 8, 2021, at 6:00 p.m. in the Clarion. The public is invited to attend.
 

6.P. Law Enforcement Academy Graduation. The Law Enforcement Academy Graduation will be held on Friday, December 17, 2021, at 6:00 p.m. in Gator Hall. The public is invited to attend.
 

6.Q. January 2022 Board Meeting. The January 2022 meeting of the Board of Regents is set for Tuesday, January 18, 2022, due to a College holiday on Monday, January 17, 2022.
 

6.R. Board Policy Review. At the Board Workshop on February 13-14, 2009, Regents initiated a systematic review of Board policy.  It was suggested that a number of Board policies be included for review as part of each monthly agenda.  Questions regarding the referenced policy may be addressed to the President prior to the meeting for clarification and/or discussion.

The attached policies, DM (LEGAL) and DM (LOCAL), regarding Termination of Employment can be found at: https://pol.tasb.org/Policy/Download/215?filename=DM(LEGAL).pdf and  https://pol.tasb.org/Policy/Download/215?filename=DM(LOCAL).pdf. 
 

6.S. Brazosport College Calendar. The Brazosport College Calendar for October 22, 2021 through January 3, 2022 is attached.
 

7. Reports/Presentations
 

7.A. Endowment Investment Update. Mr. Shannon Willems, AB Bernstein, will provide information on the performance and allocation of the College endowment funds.  Mr. Willems’ presentation is attached.
 

7.B. Quarterly Report on Performance. The Director of Institutional Research provides information on selected measures of the College performance in the attached Performance Report.
 

7.C. President's Report.
-College Update
-BOTI Commitment to Action
-Regents' Visibility
 

8. Unfinished Business
 

8.A. Proposed Amended Board Policy - DEC (LOCAL) - Compensation and Benefits – Leaves and Absences. The Vice President, Human Resources, recommends adoption of amended Policy DEC (LOCAL) regarding employee leaves and absences.  Board policy provides that new or amended policies are to be presented at one meeting and adopted at a subsequent meeting. Attached is a copy of the proposed amended policy with existing policy language appearing as regular text, new language in underlined red or blue font, and deleted language in red font with a strike-through.     

This proposed policy is presented for second reading and adoption.
 

9. New Business
 

9.A. Re-adoption of Tax Abatement Guidelines and Criteria. Chapter 312, Property Redevelopment and Tax Abatement Act, of the Texas Tax Code permits taxing units to enter into abatement agreements provided certain conditions are met. On October 12, 1988, the Brazosport College District Board of Regents approved a resolution of the Board’s intent to participate in tax abatements and established guidelines and criteria governing tax abatement agreements.  

These guidelines and criteria must be re-adopted every two years or sooner if changes are made by Brazoria County. On June 23, 2020, the Brazoria County Commissioners’ Court reaffirmed their current guidelines and criteria.  The Vice President, Financial Services & CFO, recommends that the Board re-adopt the Tax Abatement Guidelines and Criteria and the Application.  For the guidelines, there is one document attached that shows the changes to our existing guidelines and a second document attached that is a clean copy of the recommended changes. The only change on the application is an update of the College's no new tax rate that the Board approved on September 20, 2021. 

It would be appropriate for the Board to re-adopt the current Tax Abatement Guidelines and Criteria and Application.
 

9.B. Shintech, Inc.'s and K-Bin's Tax Abatement. The College received a Tax Abatement Application from K-Bin, Inc. On August 24, 2021, the Commissioners’ Court of Brazoria County granted the abatement request of Shintech Inc’s fully owned subsidiary, K-Bin, Inc., for tax abatement in the Brazoria County Reinvestment Zone No. 21-03 for a term of seven (7) years at 100% abatement of eligible real property on Shintech’s “B Plant” facility at its Freeport, Texas site.
 
The Brazosport College Tax Abatement Committee (TAC) met and determined that the abatement application was complete and in compliance with the College's tax abatement guidelines except for the $30,000,000 improvement value.  The College's current tax abatement guidelines stipulate a minimum value of $50,000,000, Section 2 (h)(1). Attached are the following: a memo from the Vice President, Financial Services & CFO, describing the purpose of the abatement request, the abatement application from K-Bin, and the court order from Brazoria County. 

It would be appropriate for the Board to approve the variance for K-Bin's abatement amount that is less than $50 million and approve K-Bin’s Tax Abatement Application.
 

9.C. Accudata Purchase. Accudata provides software called Tenable.sc. that the College uses for vulnerability scans on all college network-attached devices to ensure that our systems are up to date with software security patches.  All campus systems are scanned regardless of whether they are on campus or connected via virtual private network (VPN). The College has been using this software and is satisfied with its performance. This is a renewal and an addition to the number of devices covered for a total of 3,500 devices.

The increase in devices is related to COVID-19 and working remotely.  The cost is $110,000.  Accudata participates in a state cooperative so competitive bids were not required.  Accudata was on the IT vendor list that the Board approved in August, but because this single purchase exceeds $100,000 it requires Board approval.

It would be appropriate for the Board to approve this purchase.
 

9.D. Capital Budget Transfer Request. Due to the COVID-19 pandemic, supply chains have been interrupted and the result has caused significant delays in the delivery of goods and services to the College. There are five (5) capital items that were budgeted and ordered in FY 2021 but were not delivered in FY 2021. The only item that has been delivered to date is the Adaptive Frequency Drive (AFD), and it was delivered in FY 2022.  The Vice President, Financial Services & CFO, is requesting approval to roll forward capital funds that were budgeted in FY 2021 to the FY 2022 capital budget for the items listed below: 

1) IT Backup Generac Generator - $40,620.

2) Adaptive Frequency Drive (AFD), starter for large chiller - $135,000.  

3) Two Border Routers connecting the College to the Internet Service Provider - $28,750. 

4) Police Dispatch Center - $121,500.

5) Voovio Software for Dow Project, still in development - $50,000.    

The total amount requested to roll forward from the FY 2021 capital budget to the FY 2022 capital budget is $375,870.

It would be appropriate for the Board to approve this request.
 

9.E. Texas Book Company Agreement. Attached is a contract extension for the Texas Book Company for a five-year period beginning 11/01/2021 through 10/31/2026. Texas Book Company has been with the College since April 2003, and they have served the College well.  With this renewal, Texas Book Company commits up to $70,000 for state-of-the-art point of sale equipment, system upgrades, fees, and maintenance in preparation for the interface of the bookstore system with Anthology.
 
The Bookstore Advisory Committee met with Texas Book Company’s Regional Manager and Brazosport College’s Bookstore Manager on October 6, 2021, and the Bookstore Advisory Committee concurs with this recommendation.  All terms and conditions will remain the same.

It would be appropriate for the Board to approve this contract extension. 
 

9.F. Request for Approval of Modifications to Vision 2025. In April of 2021, the Board adopted Vision 2025. As in previous planning cycles, staff have the opportunity to make changes to objectives. Modifications to objectives primarily reflect the College’s completion of projects and extended the deadlines for III.4 objectives related to tenure.  The updated Vision 2025 document is attached and presented for consideration. Changes are highlighted within the document. 

It would be appropriate for the Board to consider the request for approval of modifications to Vision 2025 objectives.
 

9.G. Reschedule December Board Meeting. The December 2021 meeting of the Board of Regents is proposed for Thursday, December 9, 2021, at 12:30 p.m., preceded by the annual holiday luncheon at 11:30 a.m. in the Corporate Learning Center.

It would be appropriate for the board to set the date for the December 2021 Board Meeting.
 

9.H. Schedule 2022 Board Workshop. As part of the College’s evolving planning process, the Board meets in an annual workshop to study information, measure progress toward milestones, and discuss future directions. The workshop is proposed for Friday and Saturday, February 4-5, 2022.

It would be appropriate for the board to set the date for the 2022 Board Workshop.
 

9.I. 2022-2023 Academic Calendar Recommendation. The Vice President, Academic & Student Affairs, submits the attached 2022-2023 academic calendar. 

The President recommends approval of the calendar as submitted.  It would be appropriate for the Board to approve the 2022-2023 academic calendar.
 

9.J. Personnel.
 

9.J.1. Employment of Dr. Mitchell Seal as Dean of Instruction, Health & Industrial Technology. Included in the agenda is a communication from the Vice President, Academic & Student Affairs, recommending the employment of Dr. Mitchell Seal as Dean of Instruction, Health & Industrial Technology for the 2021-2022 academic year.  A biographical summary and position notice are also included.

The President joins in this recommendation. It would be appropriate for the Board to approve the contract for the period and conditions identified.
 

9.J.2. Employment of Dr. Irene Irudayam as Executive Director, Strategic Enrollment Management. Included in the agenda is a communication from the Vice President, Academic & Student Affairs, recommending the employment of Dr. Irene Irudayam as Executive Director, Strategic Enrollment Management for the 2021-2022 academic year. A biographical summary and position notice are also included.

The President joins in this recommendation. It would be appropriate for the Board to approve the contract for the period and conditions identified.
 

9.K. Sale of Property Held in Trust. The Property Tax Resale Committee of Brazoria County received an offer on property on Lee Avenue in Jones Creek in the amount of $800.00. The Tax Resale Committee recommends approval of this sale. Unfortunately, the net amount to distribute to the taxing entities after costs and post judgment taxes is a minus -$477.00, but this places the property back on the tax rolls.  Please find attached the information regarding the sale of this property.

It would be appropriate for the Board to approve the sale of this tax-foreclosed property held in trust.
 

9.L. Financial Reports. The Vice President, Financial Services & CFO, provides the attached financial reports for August and September 2021.
 

10. Executive Session

The President requests an Executive Session as provided in the Texas Government Code, Section 551.074.

For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee.

-Deliberation regarding finalists for President of Brazosport College and possible announcement of sole finalist.
 
Open Session

Consideration and action, if any, regarding items discussed in Executive Session.  (Those listed under Executive Session in this notice.)