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 on Monday, October 20, 1997, at 6:00 p.m. in the Board Room (Room 201) of the District Administrative Offices located at 5930 Middle Fiskville Road, Austin, Texas 78752, with the following members present: Carol Nasworthy, Chair/Presiding Officer; Beverly Watts Davis, Vice Chair (arrived at 6:15 p.m.); Lillian Davis, Secretary; Hunter Ellinger; Sharon Knotts Green; Allen Kaplan; Della May Moore; and Rafael Quintanilla. Trustee John Worley was absent.

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.

Citizens' Communications

The following individuals addressed Agenda Item 6876, Consideration of Awarding Contract for East Campus:

• Carol Hadnot, Principal Owner, Business Resource Consultants, spoke in support of Faulkner Construction Company.
• Steve Nelson, Chief Executive Officer, Faulker Construction Company, spoke in support of Faulkner Construction Company.
• Vic McNallie, Hensel Phelps Construction Company, spoke in support of Hensel Phelps Construction Company.
• Jaime Beaman, President of Casa Bella Architects, spoke in support of Faulkner Construction Company.
• Kevin Conner, Carter Burgess, spoke in support of Hensel Phelps Construction Company.
• Ted Buchannan, President, Buchannan Consultant and Associates, spoke in support of Faulkner Construction Company.
• Theresa Doggett, President, Doggett Company, spoke in support of Faulkner Construction Company.
• Laraine Lasdon, Laraine Lasdon and Associates, spoke in support of Hensel Phelps Construction Company.
• Norma Garza, member of Hispanic Chamber of Commerce Board and Vice Chair of the Austin Housing Authority, spoke in support of Faulkner Construction Company.
• Pat Delgado, Vice President, Delgado Design Group, spoke in support of Hensel Phelps.

Recognitions

There were no recognitions.

Reports from Employee Associations

• Full-Time Faculty Senate - No report was presented.
• Adjunct Faculty Association - Lee Bartolino, President, distributed information and addressed the Board regarding the scheduling of teaching assignments and invited participation in a forum on November 14, 3 p.m., in the Board Room (201) of the District Administrative Offices. A panel composed of College administrators/Board members/ adjunct faculty officers will respond to questions and concerns from adjunct faculty members.
• Professional/Technical Employees Association - Roslyn Wallace, President, distributed information to the Board and spoke regarding prioritization by the Association of the top three issues in each of the six categories discussed at the September 19-20, 1997, Special Meeting/Board Retreat.
• Classified Employees Association - Randy Wedlund, President, stated that $600 was raised by the Association for scholarships through Headshots photography sales and encouraged participation in the 25^th Anniversary 5K run on October 25 which will add to the scholarship fund.

6876 Consideration of Awarding Contract for East Campus

Recommendation: That the Board award the Design/Build Bridging contract to Hensel Phelps Construction Company and authorize administration to negotiate and execute a contract. If ACC is unable to reach agreement with Hensel Phelps, administration is authorized to negotiate and execute a contract with the following two firms, respectively, Faulkner Construction Company and American Construction.

Dr. Nasworthy introduced the item and Dr. Fonte, College President, called on Dr. Cha Guzman, Vice Prsident of Administration and Institutional Advancement. Dr. Guzman provided information to the Board concerning the process by which Hensel Phelps Construction Company was recommended to receive award of the East Campus contract. Daniel Perez, Associate Vice President for Facilities and Operations, provided additional information on each of the top three companies respectively-Hensel Phelps Construction Company, Faulkner Construction Company, and American Construction Company. Dr. Fonte stated that each of the three companies are very well qualified to deliver a quality project and on schedule. Dr. Guzman and Mr. Perez responded to questions from Board members.

Rafael Quintanilla moved and Lillian Davis seconded that:

MOTION: the Board of Trustees award the Design/Build Bridging contract to Faulkner Construction Company.

Hunter Ellinger moved and Allen Kaplan seconded that:

AMENDED MOTION: the Board of Trustees award the Design/Build Bridging contract to Hensel Phelps Construction Company.

Beverly Watts Davis moved that:

MOTION: the Board of Trustees table Item 6876 until the November 3, 1997, Board meeting. There was no second, but vote was requested.

VOTE: The motion failed on a vote of 1-6 for lack of the majority.

For: Beverly Watts Davis

Against: Lillian Davis, Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, Della May Moore, and Rafael Quintanilla.

Not Voting: Carol Nasworthy

Absent: John Worley

AMENDED MOTION VOTE: The motion failed on a vote of 4-3-1 for lack of the majority.

For: Hunter Ellinger, Allen Kaplan, Sharon Knotts Green, Carol Nasworthy.

Against: Lillian Davis, Della May Moore, and Rafael Quintanilla

Abstaining: Beverly Watts Davis

Absent: John Worley

MAIN MOTION VOTE: The motion failed on a vote of 3-3-1 for lack of the majority.

For: Hunter Ellinger, Allen Kaplan, and Sharon Knotts Green

Against: Lillian Davis, Della May Moore, and Rafael Quintanilla

Abstaining: Beverly Watts Davis

Not Voting: Carol Nasworthy

Absent: John Worley

Dr. Fonte stated his preference for a decision to be reached at the meeting to prevent endangerment of the construction timetable.

Recess

The October 20, 1997, meeting of the Committee of the Whole of the Austin Community College Board of Trustees was recessed at 7:10 p.m.

Reconvene

The October 20, 1997, meeting of the Committee of the Whole of the Austin Community College Board of Trustees was reconvened at 7:20 p.m.

Allen Kaplan moved and Sharon Knotts Green seconded that:

MOTION: the Board of Trustees reconsider Agenda Item 6876, Consideration of Awarding Contract for East Austin.

VOTE: The motion passed on a vote of 6-0-l.

For: Lillian Davis, Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, Della May Moore, and Rafael Quintanilla.

Against:

Abstaining: Beverly Watts Davis

Not Voting: Carol Nasworthy

Absent: John Worley

Information was requested from Hensel Phelps Construction Company, Faulkner Construction Company, and American Construction concerning community involvement.

Allen Kaplan moved and Hunter Ellinger seconded that:

MOTION: the Board of Trustees award the Design/Build Bridging contract to Hensel Phelps Construction Company and authorize administration to negotiate and execute a contract.

VOTE: The motion failed on a vote of 2-4-1 for lack of the majority.

For: Hunter Ellinger and Allen Kaplan

Against: Lillian Davis, Sharon Knotts Green, Della May Moore, and Rafael Quintanilla

Abstaining: Beverly Watts Davis

Not Voting: Carol Nasworthy

Absent: John Worley

Rafael Quintanilla moved and Della May Moore seconded that:

MOTION: the Board of Trustees award the Design/Build Bridging contract to Faulkner Construction Company and authorize administration to negotiate and execute a contract.

VOTE: The motion failed on a vote of 4-2-1 for lack of the majority.

For: Lillian Davis, Sharon Knotts Green, Della May Moore, and Rafael Quintanilla

Against: Hunter Ellinger and Allen Kaplan

Abstaining: Beverly Watts Davis

Not Voting: Carol Nasworthy

Absent: John Worley

(See final action on this item following Agenda Item 6877.)

6877 Discussion of FY 1998-1999 Board Planning Directives

Dr. Nasworthy introduced the item. Dr. Fonte requested comments regarding draft planning directives. Board members discussed proposed Strategic Planning Directives for 1998-1999 and possible revisions. Dr. Fonte and the Board reviewed progress on the Planning Directives to the President for FY98, as adopted on November 4, 1996. Dr. Frank Friedman, Executive Vice President for Academic and Student Affairs, and Dr. Steve Kinslow, Vice President and Provost of Northridge and Open Campuses, responded to questions from Board members. Dr. Fonte advised that concise, supplemental information will be provided to the Board, in writing, on last year's planning directives and progress on each of the areas discussed at the September 19-20 Retreat.

6876 Consideration of Awarding Contract for East Campus

Rafael Quintanilla moved and Della May Moore seconded that:

MOTION: the Board of Trustees reconsider Agenda Item 6876, Consideration of Awarding Contract for East Campus.

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

For: Beverly Watts Davis, Lillian Davis, Sharon Knotts Green, Della May Moore, and Rafael Quintanilla

Against: Allen Kaplan and Hunter Ellinger

Not Voting: Carol Nasworthy, Chair

Absent: John Worley

Rafael Quintanilla moved and Della May Moore seconded that:

MOTION: the Board of Trustees award the Design/Build Bridging contract to Faulkner Construction Company and authorize administration to negotiate and execute a contract.

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

For: Beverly Watts Davis, Lillian Davis, Sharon Knotts Green, Della May Moore, and Rafael Quintanilla

Against: Hunter Ellinger and Allen Kaplan

Not Voting: Carol Nasworthy

Absent: John Worley

6878 Discussion of Possible Board Policy Revisions

Dr. Nasworthy introduced the item and Dr. Fonte discussed proposed areas for new or revised policies. Board members suggested other possible areas. Dr. Nasworthy stated that the revised listing will be brought to the Board at the November meeting.

6879 Discussion of September 16, 1997, Letter from Office of The

State Auditor

Dr. Nasworthy introduced the item and Dr. Fonte stated the September 16 letter for the Office of the State Auditor was officially received by the Chair of the Board of Trustees with copies to College administration. Jerry Miller, Associate Vice President for Business Services, responded to questions from Board members and advised that many of the issues in the letter have been addressed. Dr. Fonte indicated that there is a system of indicators presently in place to closely monitor and protect the College. Vice Chair Beverly Watts Davis requested that the College respond, in writing, to the letter from the State Auditor. Dr. Fonte said a response will be sent to the State Auditor, with copies to the Board. He stated that annual reporting to the State Auditor will be completed on time and submitted prior to the deadline.

President's Report

Dr. Fonte indicated that he had no additional information to provide.

Information and Reports to the Board

• Internal Auditor Follow-Up Report for the Period of April 1-September 30, 1997 - Board members were pleased with the Report and had no questions.

Announcements

• Austin Independent School District Board has a conflict on November 3 and will be unable to meet with the ACC Board and the School-to-Work Partnership for community dialogue.
• Austin Police Department received a grant and there may be a possibility for contracting/training.

Adjournment

There being no motion before the Board, the October 20, 1997, meeting of the Board of Trustees Committee of the Whole of Austin Community College was adjourned at 9:00 p.m.

Approved By

Dr. Carol Nasworthy, Board Chair

Dr. Lillian J. Davis, Secretary