REGULAR MEETING - BOARD OF TRUSTEES

April 7, 1997

In accordance with the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, the Board of Trustees of the Austin Community College District convened in public session at 5:35 p.m. in Room 201 of the District Administration Office located at 5930 Middle Fiskville Road, Austin, Texas, with the following members present: Carol Nasworthy, Chair/Presiding Officer; Lillian J. Davis, Secretary; Beverly Watts Davis; Hunter Ellinger; Sharon Knotts Green; Allen Kaplan; Della May Moore (arrived at 6:05 p.m.); and John Worley.

It is further found and determined that in accordance with the policies and orders of this Board, the notice of this meeting has been posted and return thereof made pursuant to the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and there has been full compliance with the terms and provisions of said act, including the timely posting of the subjects of this meeting.

Recognitions

Dr. Nasworthy stated that there were no recognitions.

Citizen's Communications

Dr. Nasworthy stated that no one registered to address the Board.

Report from Employee Associations

Full-Time Faculty Senate - Cary Sowell provided a memorandum (Attachment A) which provided comments and recommendations from the Full-Time Faculty Senate concerning proposed revisions to Board policies and administrative rules including performance evaluations, due process requirements for employment terminations, faculty workloads, regular faculty assignments, and faculty placement advancement. Additionally, she expressed the desire for a pay raise and an equalization for faculty members to the average of pay for faculty at other metropolitan community colleges in Texas. She stated faculty is very pleased with the proposed reorganization and that the College is restructuring to a single-college concept.

Adjunct Faculty Association - George Finan stated that a meeting was held with Dr. Fonte, College President, concerning: adjunct faculty issues; current salary negotiations including the desire for a five to six percent pay increase for faculty, professional development funds of $80,000, and $100,000 for committee work; a seniority list of adjunct faculty which meet certain criteria and the desire for this group to be provided stability and priority for scheduling and rehiring, as well as two days of sick leave for these individuals per semester which could be contributed to a proposed sick leave pool to assist with catastrophic accidents or illness of faculty; and the introduction of candidates seeking election as new representatives/officers of the association on April 28, 29, and 30.

Professional-Technical Employees Association - Roslyn Wallace, President-Elect, expressed the desire for a pay increase; however, she stressed the need for full implementation of Phase II of the Classification and Compensation Plan and completion of the position analysis review to allow for reclassifications to be included in the budget. She stated that information concerning the Professional-Technical Employees Association can be obtained on the ACC Internet pages under Employee Associations.

Classified Employees Association - No report was made.

Consent Agenda Items-

Agenda Item 6777 Consideration of Approval of Minutes for March 3, 1997; and March 17, 1997

Agenda Item 6778 Consideration of Approval of Purchasing 73 Computers

Agenda Item 6779 Consideration of Approval of Waiver of Tuition and Fees to Senior Citizens

Agenda Item 6780 Consideration of New Position, Associate Vice President of Workforce Education

Agenda Item 6781 Consideration of New Position, Executive Dean of Workforce Education

Agenda Item 6782 Consideration of New Position, Dean of Business Services and Continuing Education

Agenda Item 6783 Consideration of New Position, Associate Vice President of Retention and Student Services

Allen Kaplan requested that Agenda Item 6778, Consideration of Approval of Purchasing 73 Computers, be removed from the Consent Agenda to allow Board discussion.

On Motion of Hunter Ellinger and second by Beverly Watts Davis that:

MOTION: Consent Items 6777, 6779, 6780, 6781, 6782, and 6783 be approved as presented.

VOTE: The motion passed on a unanimous vote. Della May Moore was absent for the vote.

Agenda Item 6778 Consideration of Approval for Purchasing 73 Computers

Dr. Nasworthy introduced the item. Trustee Allen Kaplan questioned continued purchase of the 42 Macintosh computers and the proposed location of these computers. Staff advised that the printing and physics departments prefer use of Macintosh computers because of the software available. Board members discussed computer use in the College. President Fonte called attention to Attachment D of this item which provides information earlier requested by a Board member concerning the preliminary results of the computer replacement plan and the $400,000 allocated to the technology area, including computers requested in this item.

It was moved by Hunter Ellinger and seconded by John Worley that:

MOTION: The Board of Trustees approve the purchasing action and award

the item as recommended:

Rio Grande Campus

Northridge Campus

VOTE: The motion passed by a vote of 5-0-2.

For: Allen Kaplan, John Worley, Carol Nasworthy, Hunter Ellinger, and Beverly Watts Davis

Abstaining: Lillian Davis and Sharon Knotts Green

Della May Moore was absent for the vote.

Agenda Item 6784 Consideration of Reorganization of the Board of

Trustees to Fill Position of Vice Chair Vacated by the

Resignation of Mack Ray Hernandez

Dr. Nasworthy introduced the item and called for nominations.

Allen Kaplan moved and Sharon Knotts Green seconded that:

MOTION: Beverly Watts Davis be elected as Vice Chair of the Austin Community College Board of Trustees.

Dr. Nasworthy called for additional nominations. There were no additional nominations and the vote was called by Dr. Nasworthy.

VOTE: Beverly Watts Davis was elected by unanimous vote and declared Vice Chair of the Board of Trustees.

Della May Moore was absent for the vote.

Agenda Item 6785 Consideration of Approval of a Board Policy

Regarding Property Tax Exemptions

Dr. Nasworthy introduced the item and stated that Betty Barker desired to address the Board and was unable to register for Citizens Communications before the meeting due to traffic problems. With no opposition from the Board, Ms. Barker was invited to provide citizen comments regarding this item. She is an employee of the Austin Convention Bureau, in the Tourism and Heritage Marketing area, and spoke concerning the increased value of homes when commissioned historic landmarks, and the benefits of these properties being on the tax rolls. Ms. Barker stated that there was an 81 percent increase in guided historic walking tours in Austin during 1996. She stated that historic landmarks are an economic advantage to the College, Austin Independent School District, City of Austin, and Travis County. Ms. Barker asked that it not be removed.

It was moved by John Worley and seconded by Hunter Ellinger that:

MOTION: the Board of Trustees adopt a policy that establishes

A) a 1 percent exemption for Residential Homestead,

B) continue the same flat rate exemption for Elderly and Disabled Residence Homestead, and

C) discontinue the Optional Historic Property exemption.

It was moved by Hunter Ellinger and seconded by Allen Kaplan that:

AMENDMENT TO MOTION: the proposed Policy II-8, Property Tax Exemptions, be amended to read:

"4. The Austin Community College District shall (shall not) participate in the system of tax reductions for properties designated as historical landmarks."

And the motion be amended to read:

" C) shall continue (discontinue) the Optional Historic Property exemption."

VOTE ON AMENDMENT TO MOTION: The amendment to the motion passed on a vote of 5-1-1

For: Allen Kaplan, Lillian Davis, Hunter Ellinger, Sharon Knotts Green, and Carol Nasworthy

Against: John Worley

Abstaining: Beverly Watts Davis

Absent for the vote was Della May Moore.

Board members discussed with Jerry Miller, Associate Vice President for Business Services, the percentage of exemption for homesteads.

Trustee Della May Moore requested that "shall continue the current practice of Optional Historic Property exemptions for 100% for owner resident and non-profit" be added.

Mr. Miller suggested the Board may want to consider adding "current rule as established by the Society" and specify the rule.

VOTE: The motion, as amended and with suggestions as above listed, passed on a 6-1 vote.

For: Beverly Watts Davis, Lillian Davis, Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, and Della May Moore

Against: John Worley

Agenda Item 6786 Consideration of Approval of East Austin Campus -

Program, Budget, and Delivery Method

Dr. Nasworthy introduced the item and Daniel Perez, Associate Vice President of Facilities and Operations, presented information concerning the background, program overview, and a Phase One schematic design of this project. Board members and President Fonte discussed provision for two-way interactive video teleconferencing in campus classrooms; child development program/center; space allocations for buildings and programs; bridging concept for the campus; inclusion of laboratories for courses; Section 108 HUD loan; the proposed amphitheater/black box theatre; lack of a lecture hall; and deletion of administrative office space.

Mr. Perez advised that the projected completion date for Phase One of the East Austin Campus is now January 1999 instead of July 1998.

It was moved by Allen Kaplan and seconded by Beverly Watts Davis that:

MOTION: The Board of Trustees approve the Program of approximately 70,000 square feet; the Campus Master Plan, as it is now; the Budget of $11.2 million; and the Design/Build bridging delivery method for the East Austin Campus.

VOTE: The motion passed by a unanimous vote.

Mr. Kaplan stressed the importance of making it known that January 1999 is the current projected date for opening of the East Austin Campus.

Agenda Item 6787 Discussion and Possible Consideration of Resolution

Regarding the Establishment of a Multi-Institution

Education Center in Williamson County

Dr. Nasworthy introduced the item and Steve Kinslow, Vice President of Rio Grande Campus, stated that Austin Community College has worked with Southwest Texas State University and other educational and business entities to expand access to education and training throughout Williamson County. He stated that Southwest Texas State University is coordinating the effort and the intent is to have a Multi-Institution Teaching Center (MITC), a concept approved by the Texas Higher Education Coordinating Board in the last legislative session. He discussed the intended goals of this effort and stated that the Resolution (Attachment B) indicates support for the College to continue to work in this effort with Southwest Texas and other partners. It does not commit the College to any financial obligations. Board members discussed the item and stated that perhaps a policy should be developed to provide appropriate principles for working with outside entities.

Dr. Fonte indicated that the fourth item should be corrected to read:

"Streamline linkages between ISDs (ISDN), the community college, and four-year colleges and universities to facilitate students' educational and career goals."

It was moved by Beverly Watts Davis and seconded by Della May Moore that:

MOTION: The Board of Trustees approve the Resolution to establish a Multi-Institution Education Center in Williamson County.

VOTE: The motion was passed by a unanimous vote.

Agenda Item 6788 Discussion of Proposals for Consolidation of Board

Policies

Dr. Nasworthy introduced the item and Hunter Ellinger provided background information concerning the proposed consolidation and indicated that the following proposed policies are designed to grant greater discretion to the College President:

Performance Evaluation (replacing and generalizing V-75, Faculty Evaluations)

Due-Process Requirements for Employment Terminations (VIII-26, Termination of Annual Contract Employees Faculty Workloads-A. Regular Faculty, B. Adjunct Workloads, and C. Reports (replacing V-74. Full-Time Faculty Workloads; VIII-80, Appointment and Workload of Part-Time Faculty; VIII-85, Part-Time Faculty Stipends for Non-Teaching Duties

Regular Faculty Appointments (replacing VIII-75, Appointment for Faculty Personnel and VIII-62, Faculty/Administrative Appointments

Faculty Placement/Advancement-A. Regular Faculty, B. Adjunct Faculty, and C. Board Approval--(replacing VIII-74, Criteria for Placement and Advancement on the Full-Time Faculty Salary Scale, and adjunct faculty rules) Graduate Guarantee (replacing V-4, Graduate Guarantee)

Board members discussed the proposed policies and suggested changes, including comments from the College Legal Counsel. Additional comments and suggestions were solicited from board members, administration, faculty and staff prior to the next meeting.

Agenda Item 6789 Resolution Regarding Senate Bill 31

Dr. Nasworthy introduced the item and Dr. Fonte called attention to the amendment suggested by Dr. Worley. Dr. Worley spoke regarding the Board's commitment to setting goals for minority contracting and encouraging diversity in contracting. He indicated Senate Bill 31 is intended to change Historically Underutilized Businesses (HUBs) to economically disadvantaged and was passed by the Texas Senate; however, its future is uncertain in the Texas House of Representatives. It appears that community colleges are not included in Senate Bill 31 and suggested the revised Resolution (Attachment C) to institutionalize the Board's focus and concern regarding diversity in contracting, which has had a material effect on the College's practices, and make it a permanent feature of the institution, the Legislature must be persuaded to change the law to consider vendor status as an economically disadvantaged business. Board members discussed, and College Legal Counsel clarified, use of the term "economically disadvantaged" and quotas.

It was moved by John Worley and seconded by Della May Worley that:

MOTION: The Board of Trustees adopt the revised Resolution regarding Senate Bill 31.

VOTE: The motion passed on a vote of 7-1.

For: Beverly Watts Davis, Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, Della May Moore, Carol Nasworthy, and John Worley.

Against: Lillian Davis

Information/Reports to the Board

Dr. Nasworthy advised that the personnel actions for March 1997 are included on pages 71-73 of the agenda.

Jerry Miller presented and discussed the 1997 Quarterly Financial Statement with Board members. He called attention to agenda page 10, and advised that the deficit was projected originally in the amount of $1.6 million, and the current deficit projection is $700,000. He noted that this is an improvement of approximately $650,000 from earlier deficit projection. Board members discussed with Mr. Miller and Dr. Fonte the current status of revenue and expenditure projections. He also provided an explanation regarding plant funds/cash balance available/fund balance, and Dr. Fonte advised that this will also be discussed at the Board Retreat on April 18-19. Several Board members expressed appreciation to Mr. Miller for his informative presentation.

Dr. Nasworthy called attention to pages 76-79 of the agenda which included the application, selection process, and advertisement for Candidates for the Place 7 Seat on the Board of Trustees. She indicated that as of this date twenty-two requests have been received for applications. Dr. Nasworthy advised that the deadline for submitting applications is April 11 and a forum will be held on April 21 in the Board Room of the District Administrative Office. She indicated that the process will be followed and that questions for candidates will be developed by the Vice Chair and Secretary of the Board with input from Board members. Several Board members suggested that candidates have the opportunity to review the questions and submit written responses prior to the meeting. Dr. Nasworthy indicated that the format for the Candidate Forum will be developed when it is known how many applications are received and with input from Board members to Carol Nasworthy, Lillian Davis, or Beverly Davis.

Future Reports to the Board of Trustees--

Parking Fees

President's Report

Dr. Nasworthy called upon Dr. Richard Fonte, College President. Dr. Fonte reported:

As discussed at the last meeting, he is working with the College Legal Counsel to explore the possibility of a scholarship program for disadvantaged part-timers and possibly the MITC participants. Information from College Legal Counsel was shared. He indicated that a proposal to accomplish this will be submitted to the Board.

He attended a dinner with high tech leaders and discussed how Austin Community College can better serve a number of the high technology businesses and focused on the SMT project. Dr. Green also attended the dinner and indicated that it was an excellent opportunity to meet with top administrators of the major semi-conductor corporations and was an indicator of the importance of the issue to the semi-conductor industry. She expressed appreciation to Dr. Fonte and Dr. Frank Friedman for participation and stated that they definitely signaled Austin Community College's commitment to workforce development for the semi-conductor industry as well as other industries, and the College's interest in building relationships with all industry partners.

Dr. Fonte asked the Board's consideration in changing the date of the May 19 meeting of the Committee of the Whole due to a personal commitment. He suggested Wednesday, May 21, or Thursday, May 22.

He called attention to information received from the Texas Association of Community Colleges concerning draft legislation regarding service areas.

He provided information on the status of funding for the East Austin Campus, and Board members discussed possible presentations to the City of Austin noting dates for future meetings of the City Council and City public and zoning hearings.

He extended congratulations to Trustee Beverly Watts Davis following notification of her appointment to the U. S. Department of Defense's Joint Civilian Commission.

Announcements

Dr. Nasworthy asked Board members to follow up regarding pictures taken on March 3 for College publications/press information.

Board members were encouraged to attend the presentation by the Austin Heritage Society on April 15, 5:30 p.m., at the offices of PageSoutherlandPage, 606 West Avenue, and stressed relevance of the information to the Board Retreat.

The Board recessed into Executive Session at 8:45 p.m. to consult with Legal Counsel on the impact of the Attorney General's Opinion regarding the Hopwood Case pursuant to Government Code 551.073.

Adjournment

The Board reconvened from Executive Session at 9:30 p.m. and having no motion before the Board, the regular meeting of the Austin Community College Board of Trustees adjourned at 9:30 p.m. on Monday, April 7, 1997.

Approved By

Dr. Carol Nasworthy, Board Chair Dr. Lillian J. Davis, Board Secretary