MINUTES

Board Briefing and

Regular Meeting - Board of Trustees

March 4, 2002

 

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, March 4, 2002, at 5:45 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; Beverly Watts Davis; Allen Kaplan; Barbara Mink.

 

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.

 

Board Briefing – One Student’s Perspective

Dr. Davis introduced Jaime Martin, ACC student/community representative, who spoke regarding Austin Community College and the financial deficit.

 

Recess

Dr. Davis recessed the meeting at 6:00 p.m.

 

Reconvene

The Board of Trustees of the Austin Community College District reconvened in public session on Monday, March 4, 2002, at 6:07 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; Beverly Watts Davis; Allen Kaplan; Barbara Mink; Della May Moore [arrived at 6:45 p.m.]; Carol Nasworthy [arrived at 6:40 p.m.] and Rafael Quintanilla [arrived at 6:20 p.m.].

 

Recognitions

There were no recognitions.

 

Citizens Communications

·        Sean Collins Murray, ACC Full-Time Faculty Senate, spoke regarding the financial deficit/needs of faculty and students.

·        Jaime Martin, community representative, spoke regarding evaluation of College President/ACC financial status.

·        Catherine MacLaughlin, ACC employee, spoke regarding personnel credentials/policy compliance.

·        Wade Cooper, Downtown Austin Alliance, spoke regarding the Downtown Education Center.

·        Myra Bradley, ACC/AFT, spoke regarding shared governance/resolution.

·        Constance Elko, ACC/Southwest Austin resident, spoke regarding accountability.

·        Mark Goodrich, ACC/AFT, spoke regarding shared governance.

·        Nancy Keller, Adjunct Faculty/AFT, spoke regarding role of Adjunct Faculty Association.

·        John Cise, ACC Full-Time Faculty Senate, distributed information and spoke regarding ACC budget/ACC Full-Time faculty.

·        Diane Kramer, AFT, spoke regarding ACC/future of institution.

·        Catherine Watson, ACC/AFT, spoke regarding institutional changes/financial health of College.

·        Narc Prevost, ACC Professor/AFT, institutional changes/processes.

·        Charles Rand, ACC Adjunct/AFT, concern of union/adjunct faculty.

 

Reports from Employee Associations

·        Adjunct Faculty Association - Kitty Henderson, President, spoke regarding College crisis/need to work with Adjunct Faculty Association.

·        Classified Employees Association - Mark Goodrich, President, spoke regarding resolution/State audit/comments from Association members.

·        Full-Time Faculty Senate - Laura Ore, President, distributed information and spoke regarding resolution/financial deficit/shared governance.

·        Professional/Technical Employees Association - Karen Anderson, President, spoke regarding activities of the Association and presented a shapshot of the thirteen Professional-Technical employees at the Cypress Creek Campus.

·        Student Government Association – Zander Parker, President, introduced officers of the Association and distributed information/spoke regarding the official position of the Student Government Association.

 

Trustee Report(s) to the Board

No reports were presented.

 

Report to the Board

Report of Achievements and Recognitions

Dr. Steve Kinslow, Executive Vice President, distributed kudos information and acknowledged:

·        ACC Library Information Literacy Program selected for inclusion in the Association of College and Research Libraries Best Practices Conference.  Two librarians (Teresa Ashley, Red Wassenrich), one administrator (Julie Todaro), and one classroom faculty/instructional designer (Tina Buck) will team with other libraries whose programs were also identified as exemplary to establish program characteristics that can be adopted by other colleges.

·        Notification by Board of Vocational Nurse Examiners that ACC August 2001 Vocational Nursing graduates had a 100 percent pass rate on the NCLEX-PN (licensure exam).

·        Red Wassenrich was featured in John Kelson’s column of the Austin American-Statesman and credited with “KeepAustin Weird” bumper stickers.

·        Pinnacle Campus History Instructor, Jeff Hunt, is helping to film a documentary about World War II episodes on the Doolittle Raid and the Battle of Midway.  In his role, Jeff dressed as a World War II United States Army Air Force lieutenant, sat in the cockpit of a World War II B-25 bomber while Oliver North spoke dialogue to the camera.

·        The Commission on Accreditation of Allied Health Education Programs has voted to award continuing accreditation to ACC’s Diagnostic Medical Sonography program.

·        ACC and Texas A&M University College of Veterinary Medicine in College Station have signed an agreement to ensure that ACC students transferring to the university’s biomedical science undergraduate program will not lose any credit hours.  ACC has a similar agreement with Texas A&M for its College of Engineering.

·        Cheryl Richard, Manager of Student Activities, has collaborated with Sharon Grady of the Department of Theatre and Dance with UT Performing Arts to begin the ACC Coffeehouse.

·        An overview of the ACC Pinnacle Campus was featured in “Spotlight on Business” of the February Oak Hill Business and Professional Association Newsletter.

·        On February 8, 2002, the American Advertising Federation held their annual competition known as the “Addy Awards” which honor excellence in advertising and cultivate the highest creative standards in the industry.  Through the dedication of Andrew Saldana, program coordinator, and the Visual Communication Design staff, the presence of ACC continues to grow at these competitions and is recognized by other institutions and local industry.  Austin area students earned 21 awards.  Visual Communication Design “Addy Award” winners were: 

·        Single Entry Advertising:  Marisha Hodges

·        Colleratal Material, single entry only:  Suzanne Rosato, Gardiner Rhoderick, and Candan Sherbest (two winning entries), Stacy McDonald

·        Photography:  Kim Johnson (3 winning entries)

·        Campaign, 3 to 5 pieces:  Melody Rivera

 

FY03 Internal Budget Process

Dr. Kinslow reminded the Board of the Expanded Budget Committee as provided in Agenda Item 7495. The committee will have five current staff members appointed to it and thirteen representatives chosen by the Student Government Association, Full-Time Faculty Senate, Adjunct Faculty Association, Professional-Technical Employees Association, and the Classified Employees Association.  The thirteen representatives will select their own co-chair for that Committee.  He stated the Expanded Budget Committee will receive and review all suggestions provided by faculty, staff, and students regarding the College budget.  The Committee will make recommendations based upon the suggestions received.  They will also look at the development process and will be the internal group to review the quarterly reports as well as the monthly financial statements.  The Committee representatives will be the liaisons back to the constituencies they serve.  Dr. Kinslow reviewed the information which will serve as the basis for the initial development and discussion of the FY03 budget. 

 

Items for Discussion/Possible Action:

 

Consent Agenda

 

Agenda Item 7491

Minutes of January 14, 2002, Regular Board Meeting; January 28, 2002, Board Work Session; February 4, 2002, Regular Board Meeting; and February 18, 2002, Board Work Session

Recommendation:  That the Board of Trustees approve the minutes as presented.

 

Agenda Item 7492

Award of Bonds and Enter into Bond Purchase Agreement

Recommendation:  That the Board of Trustees approve a Resolution authorizing the issuance of approximately $10,500,000 Austin Community College District Combined Fee Revenue Building and Refunding Bonds, Series 2002; entering into an escrow agreement, a purchase contract, and a paying agent/registrar agreement; approving an official statement; and authorizing and approving other matters related thereto.

 

Agenda Item 7493

Matters Related to Conduct of May 4, 2002, Election

Recommendation:  That the Board of Trustees approve an Order setting polling places, election officials, and joint election agreement for the May 4, 2002, general election.

 

Allen Kaplan requested that Item 7492 and 7493 be pulled for discussion and Beverly Watts Davis requested that Item 7491 be pulled for discussion.

 

Agenda Item 7491

Minutes of January 14, 2002, Regular Board Meeting; January 28, 2002, Board Work Session; February 4, 2002, Regular Board Meeting; and February 18, 2002, Board Work Session

Beverly Watts Davis requested an addition to the Minutes of the Agenda Item 7465, Fund Balance Policy and Operating Reserves Strategy, of the January 14, Regular Board Meeting:  The Board learned from the administration that the College was over budgeted in the amount of $3 million.

 

Barbara Mink requested that voting be clarified for Agenda Items 7478 and 7485 and that it be noted when the Chair does not vote.

 

Agenda Item 7492

Award of Bonds and Enter into Bond Purchase Agreement

Della May Moore moved and Beverly Silas seconded that:

Motion:  The Board of Trustees approve a Resolution authorizing the issuance of approximately $10,500,000 Austin Community College District Combined Fee Revenue Building and Refunding Bonds, Series 2002; entering into an escrow agreement, a purchase contract, and a paying agent/registrar agreement; approving an official statement; and authorizing and approving other matters related thereto.

Trustees discussed the item and Jerry North, Interim Business Services Administrator; and Tom Pollan, College Legal Counsel; and Tim Kelley, Coastal Securities, responded to questions from Trustees.

Vote:   The motion passed on a vote of 5-3-1.

For:  Lillian Davis, Della May Moore, Carol Nasworthy, Beverly Silas, and Rafael Quintanilla.

Against:  Beverly Watts Davis, Allen Kaplan, and John Worley

Abstaining:  Barbara Mink

 

 [Beverly Silas, Vice Chair, became Chair.]

 

Agenda Item 7493

Matters Related to Conduct of May 4, 2002, Election

Beverly Silas introduced the item and Linda Young, Special Assistant to the President for Governmental and Community Relations, distributed updated information concerning an order setting polling places, election officials, and joint election agreements for the May 4 general election.

Allen Kaplan moved and Carol Nasworthy seconded that:

Motion:  The Board of Trustees approve an Order setting polling places, election officials, and joint election agreement for the May 4, 2002, general election.

Vote:  The motion passed on a vote of 8-0.

For:  Beverly Watts Davis, Allen Kaplan, Barbara Mink, Della May Moore, Carol Nasworthy, Rafael Quintanilla, Beverly Silas, and John Worley.

Against:  None

Abstaining:  None

The Chair was not present for the vote.

 

Trustees agreed to re-order the agenda to discuss Agenda Items 7495 and 7496 next.

 

Agenda Item 7495

Resolution Relating to the Financial Health of Austin Community College

Vice Chair Silas introduced the item and Dr. Fonte responded to questions from Trustees.

 

[Lillian Davis returned to the dais as Chair.]

 

Beverly Silas moved and Allen Kaplan seconded that:

MOTION:  The Board of Trustees adopt a resolution providing direction to the administration regarding financial matters.

AMENDMENT TO MOTION:  Beverly Silas requested the following addition to the motion:  (h) The Board of Trustees instructs the administration to investigate whether or not the City of Austin is interested in purchasing the Riverside Golf Course to maintain and retain as a golf course/green space.

Allen Kaplan agreed with the proposed amendment to the original motion.

FRIENDLY AMENDMENT:  Beverly Watts Davis requested the addition of a proposed amendment to the end of (h) to state:  “in perpetuity.  Should the City of Austin not retain the property as a golf course/green space, the property would revert back to Austin Community College.”

Beverly Silas and Allen Kaplan accepted the Friendly Amendment.

FRIENDLY AMENDMENT:  John Worley requested that the property also be dedicated parkland.

Beverly Silas and Allen Kaplan accepted the Friendly Amendment.

 

Vote on Amendment to Original Motion to add (h):  The motion passed on a vote of 5-2-1.

For:  Allen Kaplan, Barbara Mink, Rafael Quintanilla, Beverly Silas, John Worley

Against:  Della May Moore and Carol Nasworthy.

Abstaining:  Beverly Watts Davis

The Chair did not vote.

 

FRIENDLY AMENDMENT:  Barbara Mink requested addition to 3 of the amended Resolution:  “Through an open and collaborative process, develop a corrective action plan to address the FY02 budget.”

Beverly Silas and Allen Kaplan accepted the Friendly Amendment.

 

FRIENDLY AMENDMENT:  John Worley requested deletion of 3(g) from the Resolution:  “Recaptures extra cost of summer processing of applications involving transcript reviews.”

Beverly Silas did not accept the Friendly Amendment.

 

AMENDMENT TO ORIGINAL MOTION:  John Worley moved and Beverly Watts Davis seconded that:

MOTION:  The Board of Trustees delete 3(g) “Recaptures extra cost of summer processing of applications involving transcript reviews” and look at it separately under another agenda item.

 

FRIENDLY AMENDMENT:  Barbara Mink requested addition of “college” before transcript reviews.

The Friendly Amendment was accepted by Beverly Silas and Allen Kaplan.

 

VOTE ON AMENDMENT TO ORIGINAL MOTION:  The motion failed on a vote of 4-5.

For:  Beverly Watts Davis, Barbara Mink, Rafael Quintanilla, John Worley.

Against:  Allen Kaplan, Della May Moore, Carol Nasworthy, Beverly Silas, Lillian Davis

Abstaining:  None.

 

FRIENDLY AMENDMENT:  John Worley requested that 3(i) be added:  “Reduces or eliminates, as appropriate, expenditures for activities that cause a net revenue loss and that do not relate to the core mission of the College.”

Beverly Silas and Allen Kaplan did not accept the Friendly Amendment.

 

AMENDMENT TO ORIGINAL MOTION: 

John Worley moved and Beverly Watts Davis seconded that: 

MOTION:  Addition of 3(i) to Resolution:  “Reduces or eliminates, as appropriate, expenditures for activities that cause a net revenue loss and that do not relate to the core mission of the College.”

Trustees and Dr. Fonte discussed the proposed amendment to the motion.

FRIENDLY AMENDMENT:  Barbara Mink requested the following change to item 4 of the Resolution:  “4.  Begin development of FY03 budget through an open and highly collaborative process that seeks and utilizes input from all employees on means and methods to:  (a) reduce costs that do not relate to the core missions of the College; (b) maintain the total number of sections offered to students at the current level; and (c) run a modest surplus as required by previously adopted funds reserve corrective plan.

Beverly Silas and Allen Kaplan accepted the Friendly Amendment.

 

VOTE ON AMENDMENT TO ORIGINAL MOTION:  The motion failed on a vote of 4-5.

FOR:  Beverly Watts Davis, Barbara Mink, John Worley, Lillian Davis.

AGAINST:   Allen Kaplan, Della May Moore, Carol Nasworthy, Rafael Quintanilla, and Beverly Silas.

ABSTAINING:  None.

 

FRIENDLY AMENDMENT:

John Worley requested the following addition:  Add a new 3 (i) to the Resolution:  “Increases efficiency and economy in scheduling, taking care, in accordance with Board Policy E-1, B [1] to retain sections that break even or make money and hence require no tax subsidy.” 

Beverly Silas accepted the Friendly Amendment.

Dr. Fonte distributed information and provided information concerning average cost to run a section.

PROPOSED CHANGE TO FRIENDLY AMENDMENT:  Allen Kaplan requested deletion of “and hence require no tax subsidy.” from the proposed new 3 (i).

Beverly Silas and John Worley accepted the proposed change to the Friendly Amendment.

 

FRIENDLY AMENDMENT:  Della May Moore requested that 3 (i) be changed to read “Increases efficiency and economy in scheduling, taking care, in accordance with Board Policy E-1, B[1] to retain sections that break even or generate sufficient revenue to cover cost.”

Beverly Silas, Allen Kaplan, and John Worley accepted the Friendly Amendment.

 

VOTE ON ORIGINAL MOTION AS AMENDED:  The motion passed on a vote of 6-3.

FOR:  Beverly Watts Davis, Lillian Davis, Allen Kaplan, Della May Moore, Beverly Silas, and John Worley.

AGAINST:  Barbara Mink, Carol Nasworthy, Rafael Quintanilla.

ABSTAINING:  None.

*****

Resolution Relating to the Financial Health of Austin Community College

 

Whereas, the Board of Trustees is charged with the public trust of responsibly overseeing the use of financial resources of Austin Community College,

 

Whereas, the Board of Trustees has established policies aimed at ensuring that the fund reserves are maintained above certain minimums and that said policies require corrective action if the reserves fall below such minimum levels,

 

Whereas, the Board of Trustees has taken corrective action to restore these fund reserves and insists that the current and future budgets do not again push reserves below the minimum threshold level,

 

Whereas, the Board of Trustees has established policies that mandate the development and administration of a balanced budget between revenues and expenditures and that the Board requires that it be immediately informed of corrective actions whenever the president identifies a negative imbalance between revenues and expenditures,

 

Whereas, the Board of Trustees has been made aware that the FY02 budget is in imbalance by $2.1 million.

 

Whereas, the Board of Trustees recognizes that ACC financial stability is of critical concern to both internal and external constituencies of the College

 

Whereas, the Board of Trustees desires to return to the pattern of four consecutive balanced budgets that existed prior to FY 01, and as required by board policy, and wishes that future budgets be planned to run at a surplus necessary to maintain the fund reserves threshold.

 

Whereas, the Board of Trustees recognizes that meeting the needs of the community are restrained by available resources and that ACC has the lowest tax rate among community colleges and has among the highest tuition rates charged students,

 

Whereas, the Board of Trustees recognizes that the college has continued to expand its offerings in terms of programs, services and class sections offered despite these constraints on resources,

 

Whereas, Board of Trustees adopted a strategy in its master plan of only “incremental” expansion in light of the constrained resources,

 

Whereas, the Board has been made aware that planning for the FY03 budget will soon begin in an environment of extremely restrained revenues,

 

Be it resolved that the Board of Trustees directs the President and the administration to take the following steps:

 

1.        Provide a monthly financial report to the Board of Trustees that accurately reflects the timeliest available data on revenue and expenditures and take whatever steps are necessary to improve internal reporting systems to assure that such data is as current as possible.

2.         Report immediately to the Board of Trustees if any budgetary imbalances or projected trends will jeopardize the fund reserve corrective plan already enacted by the Board.

3.        Through an open and collaborative process, develop a corrective plan to address the FY02 budget that:

a)        Retains the total number of section offerings for students for FY02 above the level of sections offered to students in FY01.

b)       Restrains or curtails hiring, except for emergencies or extremely high priority such as campus police, for the rest of the FY02 budget year.

c)        Shares solving the financial problem across all budgetary units but makes the largest cuts from administrative supportive units, not instructional disciplines or student serving units and undertakes this cost cutting through an open and collaborative process.

d)       Honors any advertised financial tuition reduction commitments made to students for the spring term.

e)        Restrains or freezes available and uncommitted technology/equipment expenses,

f)        Covers some longer range capital and physical plant expenses through bonding without increasing building fees and additional financial burden on students.

g)        Recaptures extra cost of summer processing of  applications involving college transcript reviews.

h)       The Board of Trustees instructs the administration to investigate whether or not the City of Austin is interested in purchasing the Riverside Golf Course to maintain and retain as a golf course/green space in perpetuity.  This property is to be dedicated parkland.   Should the City of Austin not retain the property as a golf course/green space and dedicated parkland, the property would revert back to Austin Community College.

i)         Increases efficiency and economy in scheduling, taking care, in accordance with Board Policy E-1,B [1] to retain sections that break even or generate sufficient revenue to cover cost.

4.        Begin development of FY03 budget through an open and highly collaborative process that seeks and utilizes input from all employees on means and methods to (a) reduce costs that do not relate to the core missions of the College (b) maintain the total number of sections offered to students at the current level;  and (c) run a modest surplus as required by previously adopted funds reserve corrective plan.

 

AUSTIN COMMUNITY COLLEGE

 

Lillian Davis, President

Board of Trustees

 

ATTEST:

John Worley, Secretary

Board of Trustees

*****

 

 

Agenda Item 7496

Summer Application Fee

Dr. Davis introduced the item.

Carol Nasworthy moved and Della May Moore seconded that:

MOTION:  The Board of Trustees approve a $30 summer application fee for college students to become effective Summer 2002 Semester.

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

FOR:  Beverly Watts Davis, Allen Kaplan, Barbara Mink, Della May Moore, Carol Nasworthy, Rafael Quintanilla, and Beverly Silas.

AGAINST:  John Worley

ABSTAINING:  None.

The Chair did not vote.

 

Agenda Item 7494

Board Financial Policy Revisions:  G-1, College Budget – Financial Reports, and G-6, Minimum Reserves Level

Dr. Davis introduced the item and Dr. Fonte provided information concerning the monthly financial reports and the minimum reserves level.  It was agreed that discussion of this item would be postponed until the April 1 Board meeting.

 

Agenda Item 7497

Proposed Board Committee on Economic and Financial Analyses

Trustees tabled this item until the March 18 meeting.

 

Trustees were asked to provide comments regarding scheduling of Board items for this six-month work period moving some items to the next six-month period.  Vice Chair Beverly Silas requested comments regarding scheduling of Board items prior to 7 a.m. on Wednesday, March 6.  The current Six-Month Board Work Plan will be forwarded to Trustees.

 

Executive Session

There was no Executive Session.

 

President's Administrative Report

Dr. Fonte spoke regarding two inaccurate statements in the American-Stateman:

·        Statement regarding $40,000 spent for remodeling in the President’s Office - There has been no remodeling in the President’s Office in the last five years. 

·        Reference to funds for the Holiday Party coming from the Operating Fund – The funds come from the Auxillary Fund and employees pay their portion of the cost.

Trustees encouraged the President to demand accurate reporting by the news media.

 

Quick Meeting Review

Trustees commented regarding the meeting: 

What we did well rated as 1-5 (with 5 being very satisfied): good meeting; meeting was fine, but did not particularly care for some of the comments; good meeting; good meeting; very good meeting; 3, good meeting, pleased that Board Work Plan will be prioritized.

What we can do better: did not have a problem with staff, but does have a problem with how the statistics are used by the administration; disappointed in how the Trustees beat themselves up all of the time.

 

Announcements

There were no announcements.

 

Adjournment

Having no motion before the Board, the March 4, 2002, regular meeting of the Austin Community College Board of Trustees was adjourned at 10:10 p.m.


Approved By
John B. Worley, Secretary