MINUTES
Regular
Meeting - Board of Trustees
October 2,
2000
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 2,
2000, at 6:05 p.m. in the Board Room (201) of the Highland Business Center of
the Austin Community College located at 5930 Middle Fiskville Road, Austin,
Texas, with the following members present: Lillian Davis, Chair/Presiding
Officer; Beverly Silas, Vice Chair; John Worley, Secretary; Allen Kaplan;
Barbara Mink; Della May Moore [arrived at 6:50 p.m.]; Carol Nasworthy; and
Rafael Quintanilla. Trustee Beverly
Watts Davis 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.
Recognitions
· Earl
Maxwell was presented a plaque by the Austin Community College Board of
Trustees for his many years of service to Austin Community College and the
Austin Community College Foundation.
· A
check in the amount of $92,500 was presented to Bob Rutishauser, Chair of the
Austin Community College Foundation, by Gary Daniels of the Austin-Area
Semiconductor Executive Council. The
semiconductor industry (AMD, Applied Materials, Cypress Semiconductor,
Motorola, International SEMATECH, SEMI, and Tokyo Electron) and the Star of
Texas Fair and Rodeo contributed the money to fund 46 scholarships. Eric Mumy, a scholarship recipent, was
expressed his appreciation for the scholarship.
· Bob
Rutishauser, ACC Foundation Chair, presented a plaque to Austin Community
College Trustee Beverly Silas for her work on the Foundation's Board of Directors
and the Foundation's Scholarship Committee over the past two years. One hundred and ten scholarships were
awarded through the ACC Foundation during this year.
Citizens
Communication
· Allison Mosshart, Chair of the
ACC/AFT, expressed appreciation to for the recent positive interaction with the
administration. She addressed the Board
regarding the use of adjunct faculty including pay and positions.
Reports from
Employee Associations
· Adjunct
Faculty Association - Kamil Jbeily, President, spoke regarding the dialogue
during the past month, reported on a recent meeting of the Association, and
expressed the desire for continued cooperation, collaboration, and
communication.
· Classified
Employees Association - Barbara Dickey, President, expressed appreciation for
the timely distribution of payroll and advised that Classified staff would like
to be included in the early retirement plan.
She spoke regarding appropriate classification of employees; Spring
Break for maintenance employees; the Full-Time Faculty Resolution; and an
upcoming election for the President-Elect and committee membership.
· Full-Time
Faculty Senate - Paula Robertson-Rose,
President, introduced Stacey Thompson, Association Parliamentarian, and commented
on the request for a performance review; requested the Board Chair to place an
item on the next Board agenda to discuss the request and funding for a
performance review by the State Comptroller of Public Accounts and that a vote
of the Board occur at the November 2 Board meeting; distributed copies of
September 15, 2000, Resolutions of the Full-Time Faculty Senate and a September
29, 2000, Resolution concerning the Dr. Fonte's Administrative Plan of Action.
· Professional/Technical
Employees Association - Linda Morrison, President, commented on the first
meeting of the Association and provided information regarding activities of the
Association.
· Student
Government Association - Dawn Shesko, President, spoke regarding the
Association serving as an umbrella for all other student associations of the
College; provided information regarding events and activities and invited
attendance; commented on a mentorship of schools programs; and advised that
officer elections will be held on October 6.
Reports to the
Board
Dr.
Fonte stated that Jerry North would report on the identified review
processes. Dr. Fonte stated his desire
to continue review of additional areas in the next year.
Jerry
North provided information on:
· Report
on the Audit of Employee Health Benefits - Mr. North stated that an
audit was requested from outside auditors to identify any errors. Several items were identified and the
processes which caused the errors were corrected, including Datatel coding and
internal set up in the system. He
provided information on the exceptions and indicated that there was high
confidence that the system will not present a recurrence of these problems.
· Bank
Selection and Conversion Project - Toni
Neal, SoCo Consulting, Inc., was employed to review the process and information
was provided concerning her findings and management's response. Mr. North discussed details of the findings
and responded to questions from Trustees.
An update will be provided at a subsequent Board meeting.
· New
Employee Payroll Processing - Toni Neal, SoCo Consulting, Inc., was employed
to review the process for employees from the time of hiring through
payroll. Mr. North discussed details of
the findings, management's response, and responded to questions from
Trustees. An update will be provided at
a subsequent Board meeting.
· Review
of the Student In-Take Process (Application to Payment) - MGT
of America was hired to review certain student intake processes. Mr. North discussed details of the findings,
management's response, and responded to questions from Trustees. An update will be provided at a subsequent
Board meeting.
· Review
Adjunct Faculty Hiring and Assignment Processes - Barbara O'Neal, O'Neal Consulting, was
hired to conduct the review process.
Mr. North discussed details of the findings, management's response, and
responded to questions from Trustees.
An update will be provided at a subsequent meeting.
ITEM(S) FOR
CONSENT
Agenda Item
7282
Minutes of
September 5, 2000, Regular Meeting and the September 18 Work Session of the
Board of Trustees
Recommendation: That the Board of Trustees approve the
minutes as presented.
Agenda Item
7283
Proposed
Budget Amendment for Televising Board Meetings
Recommendation: That the Board of Trustees approve a FY 2001
budget amendment for televising and/or visually communicating regular Board
meetings.
Agenda Item
7284
Award of Bonds
and Enter Into Bond Purchase Agreement
Recommendation: That the Board of Trustees consider and approve
a Resolution authorizing the issuance of approximately $31,445,000 Austin
Community College District Combined Fee Revenue Building and Refunding Bonds,
Series 2000; entering into an escrow agreement, a purchase contract, and a
paying agent/registrar agreement; authorizing the investment of the bond
proceeds, approving an Official Statement; and authorizing and approving other
matters related thereto.
Allen Kaplan moved and Rafael Quintanilla
seconded that:
MOTION:
The Board of Trustees approve Consent Agenda Items 7282, 7283, and 7284,
as presented.
Trustee
Barbara Mink requested that Item 7283 be pulled from the Consent Agenda. Trustee John Worley requested that Item 7284
be pulled from the Consent Agenda.
VOTE ON CONSENT AGENDA ITEM 7282: The motion passed on a unanimous vote of
6-0.
For:
Allen Kaplan, Della May Moore, Barbara Mink, Rafael Quintanilla, Beverly
Silas, and John Worley.
Trustee Carol Nasworthy was absent for the vote.
Trustee Beverly Watts Davis was absent from the
meeting.
The Chair did not vote.
Allen Kaplan moved and Rafael Quintanilla
seconded that:
MOTION:
The Board of Trustees approve Agenda Item 7283, Proposed Budget
Amendment for Televising Board Meetings.
Trustees
discussed the need to enhance communication with the community.
VOTE:
The motion passed on a vote of 5-2
For:
Allen Kaplan, Della May Moore, Rafael Quintanilla, Beverly Silas, and
John Worley.
Against:
Barbara Mink and Carol Nasworthy.
Trustee Beverly Watts Davis was absent from the
meeting.
The Chair did not vote.
Della May Moore moved and Allen Kaplan seconded
that:
MOTION:
That the Board of Trustees approve a Resolution authorizing the issuance
of approximately $31,445,000 Austin Community College District Combined Fee
Revenue Building and Refunding Bonds, Series 2000; enter into an escrow
agreement, a purchase contract, and a paying agent/registrar agreement;
authorize the investment of the bond proceeds, approve an Official Statement;
and authorize and approve other matters related thereto.
VOTE:
The motion passed on a vote of 7-1.
For:
Lillian J. Davis, Allen Kaplan, Della May Moore, Barbara Mink, Carol
Nasworthy, Rafael Quintanilla, and Beverly Silas.
Against:
John Worley
Trustee Beverly Watts Davis was absent from the
meeting.
Discussion/Possible
Action:
Agenda Item
7285
Austin
Community College Master Plan
Dr.
Davis introduced the item and Dr. Elva Allie, Executive Vice President,
provided information and responded to questions from Trustees.
Carol Nasworthy moved and Della May Moore
seconded that:
MOTION:
The Board of Trustees adopt the proposed College Comprehensive Master
Plan.
VOTE:
The motion passed on a vote of 6-1.
For:
Allen Kaplan, Della May Moore, Barbara Mink, Carol Nasworthy, Rafael
Quintanilla, and Beverly Silas
Against:
John Worley
Trustee Beverly Watts Davis was absent from the
meeting.
The Chair did not vote.
Agenda Item
7286
Early
Retirement Program for Staffing Table Employees
Dr.
Davis introduced the item.
Carol Nasworthy moved and Beverly Silas seconded
that:
MOTION:
The Board of Trustees approve that ACC offer an Early Retirement Program
for staffing table employees.
VOTE:
The motion passed on a vote of 7-0.
Trustee Beverly Watts Davis was absent from the
meeting.
The Chair did not vote.
Agenda Item
7287
Proposed
Amendment to Board Policy G-2, Purchasing Reports
Dr.
Davis introduced the item.
Della May Moore moved and Carol Nasworthy
seconded that:
MOTION:
The Board of Trustees approve the proposed amendment to Board Policy
G-2, Purchasing Reports.
VOTE: The
motion passed on a vote of 7-0.
For:
Allen Kaplan, Della May Moore, Barbara Mink, Carol Nasworthy, Rafael
Quintanilla, Beverly Silas, and John Worley.
Trustee Beverly Watts Davis was absent from the
meeting.
The Chair did not vote.
G-2. PURCHASING (as approved)
A. General
Objectives
[1] To support the instructional mission of the College by procuring in a
timely manner the specific equipment, services, and materials needed for
effective College operations.
[2] To secure work and materials at the best value
for the College.
[3] To provide opportunities for individual
vendors, contractors, historically underutilized businesses, and small/local
businesses to compete for College purchases/contracts in a fair and competitive
environment, and to create an open process for procurement through competition.
B. Board
Approval: The requirement for specific Board approval of vendor and price
for purchasing, consulting, or contracting expenditures or commitments for
related groups of items depends on the cost and on the extent of prior Board
review. For multi-year purchases, the stated limits apply to total costs.
[1] Expenditures
costing less than $25,000 never require such approval.
[2] Expenditures
costing over $100,000 always require such approval.
[3] Expenditures
costing between $25,000 and $100,000 require such approval unless either:
[a] the Board has previously approved, after a public review period of a month
or more, a budget or other written plan listing the items and their approximate
cost, or
[b] the expenditure is primarily to repair or replace an existing capability
that has been unexpectedly lost, or
[c] the expenditure is necessary to meet an emergency and is reported to the
Board at its next meeting.
For items which require Board approval below
$500,000 which are not design-build contracts, the administration shall provide
a summary and evaluative judgments of vendor responses with a recommendation of
a single vendor. Such items should be submitted to the Board early enough that
it does not have to make its final decision at its first consideration of the
item if it has unresolved questions or decides not to accept the
administration's recommendation at the first meeting the item is on the agenda.
In cases where the administration's recommendation is not accepted,
consideration of alternatives shall occur at a subsequent meeting.
For items in excess of $500,000 and for all
design-build contracts, a limited number of well-qualified vendors shall make
presentations to the Board. The administration shall provide the Board with
appropriate evaluative criteria or questions for use by the Board in the review
process. The administration shall provide a summary of the proposals and
provide evaluative judgment concerning strengths and weaknesses of these well-qualified
vendors.
The Board shall generally assess the
administration's recommendation by whether it and the process leading to it are
in accord with Board policy and the General Objectives set forth in Section A
of this policy, giving due deference to the administration’s expert judgment on
whether a recommendation will meet General Objectives [1] and [2].
C.
Reports: The administration shall
provide quarterly reports and annual summaries on purchasing activities. Such
reports shall include:
[1] purchase orders and contracts awarded to HUBs;
[2] purchase orders and contracts awarded to local vendors;
[3] state contract and state catalog purchases made;
[4] all contracts over $10,000; and
[5] an explanation of consulting fees in excess of $5,000 to a single vendor in
a fiscal year.
[6] a listing of any expenditures
directly for administrative officers that exceed $5000 or are unusual.
D. Responsible
Contracting Practices
[1] In all purchasing and contracting
decisions, employees shall make diligent efforts to include
historically-underutilized-business (HUB) vendors and shall, where practicable,
avoid practices that tend to exclude HUB vendors. ACC shall develop, maintain,
and enhance the participation of minority-owned and women-owned firms in all
phases of its procurement processes, supporting their efforts to compete for
College business.
[2] The College shall encourage all vendors,
suppliers, contractors, and professionals with whom it does business to support
the common goal of equal opportunity and economic participation for all
citizens. In expenditure of College funds, neither the College nor its
contractors and suppliers shall discriminate on the basis of sex, race, color,
creed, religion, national origin, age, or sexual orientation, or on the basis
of disabilities that do not significantly effect the quality of work.
[3] In deciding which functions to accomplish
via external contractors, the administration shall take care not to support patterns
of employment that fail to meet community compensation standards.
[4] Contracts shall be reopened on an equal
basis to all qualified vendors at least once every five years (or on completion
for contracts longer than five years).
E. Routine
Real-Estate Items
The President is authorized to approve, and
sign on behalf of the College, easements, covenants, restrictions, waivers, and
other agreements regarding real property owned or leased by the College,
provided they are minor in nature and reported promptly to the Board. This
authorization does not extend to the purchase or sale of real property.
Agenda Item
7288
Proposed New
Board Policy A-7, Implementation of Fees, and Proposed Amendment to Board
Policy A-4, Tuition and Fee Rates
Dr.
Davis introduced the item.
John Worley moved and Allen Kaplan seconded
that:
MOTION:
The Board of Trustees approve the proposed new Board Policy A-7,
Implementation of Fees, and Proposed Amendment to Board Policy A-4, Tuition and
Fee Rates deleting the last sentence of the proposed #3 and adding directive to
come back within 60 days of inactment of this policy to provide a justification
based upon the principles in the policy of all existing fees and a
recommendation of the elimination of any fee that does not meet the principles
in the policy.
VOTE:
The motion passed unanimously on a vote of 7-0.
Trustee Beverly Watts Davis was absent from the
meeting.
The Chair did not vote.
A-7. IMPLEMENTATION OF FEES (as approved)
[1] Student fees must be approved annually by
the Board, with justifications, revenue/cost estimates, and proposed changes
listed during budget deliberations.
[2] The implementation of a fee shall be
guided by a different principle than tuition. In particular fees shall be
assessed to cover identified costs, not to generate revenue.
(a) No course fee for credit classes shall be
imposed unless it can be clearly linked to materials, laboratories, services,
equipment, or specialized non-classroom-based one-to-one instruction that are
unique to that course. These are completely or partially consumed or used by an
individual student during the semester. Moreover such consumption or use must
be in such a manner that re-use by future students would be adversely impacted
or not possible because of their nature or that requires frequent replacement
because of such use or consumption.
(b) In addition to the reason outlined in
2(a) above, no course fee shall be imposed unless it can also be demonstrated
that without such a fee, the course would require a subsidy of general revenue
funds. A fee may also be imposed for a credit course for which the college does
not receive state reimbursement
[3] The administration shall provide to the
board a justification based upon these principles prior to the imposition of
any new fee.
A-4. TUITION RATES (as amended)
[1] The tuition rates for in-district
college-credit students shall be set by the Board. Except when the Board
explicitly directs otherwise, tuition rates for other students shall be set by
the President in accordance with this policy. To the extent feasible, general
charges shall be assessed as tuition.
[2] In order to maintain a tuition
differential that is fair both to ACC taxpayers and to Texas-resident ACC
students who live outside the taxing district, the credit-hour differential for
such students shall reflect the local tax effort in support of in-district
students. It shall thus be the ratio of annual property-tax revenues to annual
in-district credit hours, except that any term-to-term increase in the differential
shall be no more than $3 per credit-hour. The President is authorized and
encouraged to use any available method to lessen the impact of this tuition
differential on economically-disadvantaged students.
[3] The further per-credit-hour differential
in tuition rates for students who do not qualify as Texas residents shall be no
less than the ratio of all revenues from state government to total credit hours
by in-state students.
[4] The President may adopt rules waiving all
or part of the tuition and/or other charges for senior citizens or students
enrolled under a joint-credit agreement with a school district, with an annual
report to the Board on the nature and extent of such waivers.
[5] The President shall set charges for non-credit
and continuing-education classes that at least cover operational, indirect, and
overhead costs, except where specific below-cost sectors have been approved by
Board vote.
Executive
Session
The
Board of Trustees of Austin Community College recessed into Executive Session
at 8:05 p.m. under Government Code 551.071 relating to pending or contemplated
litigation or a settlement offer.
Reconvene
The
Board of Trustees of Austin Community College reconvened in public session
pursuant to Government Code 551 at 9:00 p.m.
Reports to the
Board (continued)
· Review
of Internal Customer Service - Employee Satisfaction Survey - Dr.
Martha Oburn, Associate Vice President for Institutional Effectiveness,
provided information concerning the survey and responded to questions from
Trustees.
· Review
of Internal Customer Service - Baldrige Self-Assessment Report -
Dr. Lelia Hackett, Coordinator, Quality Initiative, provided information
concerning the report and responded to questions from Trustees.
Agenda Item
7289
Trustee
Involvement - Community Relations Plan
Dr.
Davis introduced the item and Trustee Beverly Silas asked other Trustees to
provide information during the coming week concerning their preference for
participation levels in the organizations listed.
Announcements
There
were no announcements.
President's
Report
Dr.
Fonte commented regarding the reports presented and appreciate the comments of
Trustees. He expressed appreciation for
the action taken regarding the Master Plan.
He stated that the Board provided a clear message in the Master Plan for
Round Rock citizens. He commended the
Board for the fiscal health of the College as evidenced by rating on Wall
Street in the bond refinancing, and expressed appreciation to Trustees Lillian
Davis and Beverly Silas, Vice President Jerry Miller, and Jorge Rodriguez for
presentations in New York. He stated
the College received a very fine rating and should be proud of the
accomplishment.
Meeting Review
Trustees
commented regarding the meeting:
·
What did we do well: enjoyed dialogue; completed agenda and
reviewed items within the estimated time; dealt with action items very well;
and commended President for reports which were well done.
·
What can we do better: want meetings to adjourn earlier than 10 p.m.; anxious about Datatel; and wanted action
items at the dais and discussion items at the back of the Board Room.
Adjournment
Having
no motion before the Board, the October 2, 2000, regular meeting of the Austin
Community College Board of Trustees was adjourned at 9:55 p.m.
Approved By
John B. Worley, Secretary