MINUTES

Regular Meeting – Board of Trustees

August 2, 2004

 

In accordance with the terms and provisions of the Texas Open Meetings Act, Chapter 551 of Texas Government Code, the Board of Trustees of the Austin Community College District convened in public session on Monday, August 2, 2004, at 6:00 p.m. in the Board Room (201) of the Highland Business Center of Austin Community College located at 5930 Middle Fiskville Road, Austin, Texas, with the following members present: Dr. Barbara P. Mink, Chair/Presiding Officer; Mr. John F. Hernandez, Board Vice Chair; Mr. Jeffrey Richard, Secretary; Dr. Lillian J. Davis; Mr. Allen H. Kaplan; Mr. Rafael Quintanilla; Ms. Veronica Rivera; and Dr. John Worley.  Trustee Nan McRaven was absent from the meeting.

 

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

Chair Mink recognized Ms. Mary Kohls, ACC faculty member and Advisor to Alpha Gamma Pi Chapter of Phi Theta Kappa Honor Society.  Ms. Kohls introduced Mr. Arthur Vargas, Spring 2004 Chapter President and 2004-2005 Texas Regional President.  Mr. Vargas distributed information and spoke regarding the 2002-2004 Honors Study Topic, Dimensions and Directions of Health:  Choices in the Maze and cited achievements of the Chapter at the state, regional, and national levels.  Trustees expressed appreciation and congratulations to Ms. Kohls, Mr. Vargas, and members of the Honor Society for their achievements and recognitions.

 

Citizens Communication

·        Mr. Larry Willoughby, ACC Faculty and Del Valle resident, spoke regarding fiscal responsibility and accountability regarding construction cost over-runs.

·        Mr. Brig Mireles, ACC Faculty, distributed information and spoke regarding adjunct faculty and the Southern Association of Colleges and Schools (SACS).

·        Dr. Terry Thomas, ACC Faculty, spoke regarding ACC facilities and a district-wide facilities plan.

·        Mr. Mark Goodrich, President of ACC/AFT, spoke regarding ACC employees and SACS.

 

Reports from Associations

·        Adjunct Faculty Association – Mr. Don Morris, Past President of the Association, spoke regarding the Adjunct Faculty Association, compensation, teaching loads, health benefits, and hiring policies.

·        Classified Employees Association – Ms. Judy Green, President, introduced Ms. Sue Bloodsworth, President-Elect of the Association; distributed information and spoke regarding the Association’s Mission, Vision, and Goals.

·        Mr. Daniel Traverso, President, Full-Time Faculty Senate – introduced Dr. Terry Thomas, Full-Time Faculty Senate and Vice Chair of the Compensation Committee, distributed information and spoke regarding the compensation and the salary scale for full-time faculty in 2005.  He also introduced incoming President Larry Willoughby and Al Purcell, in-coming President-Elect; provided summary comments for the year; distributed information concerning the Full-Time Faculty Senate; and expressed appreciation to the Board of Trustees for their work during the past year. 

·        Professional-Technical Employees Association – Ms. Linda Morrison, President-Elect, distributed information concerning the Association, and spoke regarding professional-technical employees/compensation/equity/benefits/and Association activities.

·        Student Government AssociationMr. James “Levi” Barnes, President, spoke regarding current and future issues facing the students and expressed appreciation to the Dr. Robert Aguero, College President, and the Board of Trustees, for the shared governance process at the College, and encouraged attendance at the Student Government Association’s meetings and activities.

 

Reports to the Board

·        Report on Achievements and Recognitions – Mr. Ron Brey, Associate Vice President Instructional Resources and Technology, distributed the Kudos Report and called attention to recent awards/recognitions received by faculty/programs, staff, students, and Austin Community College.

·        Financial Report – June 2004 – Mr. Ben Ferrell, Vice President for Business Services, called attention to the May 2004 financial report noting that the College would have a positive balance of revenues versus expenditures for the current fiscal year and would meet the expectations of the Cash Reserves Board Policy G-6 or the corrective action plan requirements.  Mr. Ferrell responded to questions from Trustees.

     

CONSENT AGENDA

 

Chair Mink introduced the Consent Agenda items and Trustee John Worley requested that Agenda Item 7957, Proposed Approval of Contract for College-Wide Custodial Services, be pulled for discussion.

 

Agenda Item 7955

Minutes of June 7, 2004, Regular Meeting; June 21, 2004, Work Session; June 24, 2004, Special Meeting; June 25-26, 2004, Board Retreat; June 28, 2004, Special Meeting; July 6, 2004, Regular Meeting; and July 19, 2004, Work Session of the Austin Community College Board of Trustees

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

 

Agenda Item 7956

Proposed Approval of Liability Insurance

Recommendation:  That the Board of Trustees approve the recommendation for awarding the Liability Insurance contract to Texas Association of Public Schools (TAPS) through William Gammon Insurance including:

·        Automobile Liability and Damage at a cost of $32,649 with $1,000 deductible;

·        General Liability at a cost of $21,655 with $10,000 deductible;

·        Educators Liability at a cost of $23,868 with a $10,000 deductible;

·        Police Liability (included); and

·        Crime Liability at a cost of $3,802 with a $1,000 deductible.

Total cost of the insurance in the total amount of $81,966 was included in the budget for Fiscal Year 2005.

 

Trustees Lillian J. Davis moved and Rafael Quintanilla seconded that:

MOTION:  The Board of Trustees approve Agenda Items 7955 and 7956.

VOTE:  The motion passed on a vote of 7-0-1.

FOR:  Dr. Lillian J. Davis, Mr. John Hernandez, Mr. Allen Kaplan, Dr. Barbara Mink, Mr. Rafael Quintanilla, and Dr. John Worley.

AGAINST:  None.

ABSTAINING:  Trustee Veronica Rivera abstained from the vote on the Minutes of June 7, 2004, Regular Meeting; June 21, 2004, Work Session; June 24, 2004, Special Meeting; June 25-26, 2004, Board Retreat; and the June 28, 2004, Special Meeting, since she was not a Trustee until July 6, 2004.

ABSENT:  Trustee Nan McRaven.

 

Agenda Item 7958

Proposed Approval of Contract for College-wide Custodial Services

Recommendation:  That the Board of Trustees approve the contract with Marcis & Associates in the amount of $908,063 for the College-wide custodial services for evening and weekend services with supplies.

 

Trustee John Worley stated that he would vote against the item since the employees would be paid below the living wage.  He stated that he would like the Board to consider adding language in the Board policies to make it more difficult for contractors to pay less than the living wage.

 

Trustees Lillian J. Davis moved and Rafael Quintanilla seconded that:

MOTION:  That the Board of Trustees approve the contract in the amount of $908,063 with Marcis & Associates for the College-wide Custodial Services.

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

FOR:  Dr. Lillian J. Davis, Mr. John Hernandez, Ms. Veronica Rivera, Mr. Jeffrey Richard, and Mr. Rafael Quintanilla.

AGAINST:  Trustees Allen Kaplan, Barbara Mink, and John Worley.

ABSENT:  Trustee Nan McRaven.

 

Items for Discussion/Possible Action

 

Old Business:

 

Agenda Item 7958

San Marcos Report

Chair Mink introduced the item and Dr. Stephen B. Kinslow, Executive Vice President, provided a report on linkages with the San Marcos community.  Dr. Kinslow introduced Mr. Albert Sierra, Chair of the San Marcos, ENLACE Coalition; Ms. Gloria Salazar, ENLACE Coalition; Ms. Margaret Lindsey, San Marcos Chamber of Commerce; and Mr. David Chiu, former Mayor of San Marcos, Texas.

 

Mr. Sierra presented information on the activities of the San Marcos community.  He asked that Austin Community College pass a Resolution for San Marcos to join the Austin Community College District.  Dr. Kinslow distributed a proposed Resolution and Order Approving the Proposed Annexation of San Marcos Consolidated Independent School District.  Trustees discussed the proposed Resolution and expressed appreciation to the San Marcos citizens for participation in the Board meeting.   The proposed ACC Board Resolution and Order Approving the Proposed Annexation of San Marcos Consolidated Independent School District will be included on the agenda for possible action at the September 7, 2004, ACC Board meeting.

 

Agenda Item 7959

Proposed Approval of Tax Rate Planning Calendar, Proposed 2004 Tax Rate, and Scheduling a Public Hearing on September 7, 2004, for Proposed Tax Rate for Austin Community College

Chair Mink introduced the item and Mr. Ben Ferrell, Vice President for Business Services, stated the balanced budget would require a $0.0800 for Maintenance and Operation tax rate per $100 assessed value and the Fiscal Year 2005 tax debt service payments would require a $0.0100 Interest and Sinking (debt service) tax rate per $100 assessed value.

Trustees Allen Kaplan moved and John Worley seconded that:

MOTION:  The Board of Trustees adopt the 2004 Property Tax Planning Calendar, the Proposed 2004 Property Tax Rate of $0.0800 for Maintenance and Operation and $0.0100 for Interest and Sinking (debt service) , and the scheduling of a Public Hearing on the Proposed Tax Rate for September 7, 2004.

The motion passed on a unanimous vote of 8-0.

FOR:  Dr. Lillian J. Davis, Mr. John Hernandez, Mr. Allen Kaplan, Dr. Barbara Mink, Ms. Veronica Rivera, Mr. Jeffrey Richard, Mr. Rafael Quintanilla, and Dr. John Worley.

AGAINST:  None.

ABSENT:  Trustee Nan McRaven.

 

Agenda Item 7960

Selection of Architect for Cypress Creek Campus Expansion

Chair Mink introduced the item and Mr. Bronson Dorsey, Associate Vice President for Facilities and Operations, provided information and responded to questions from Trustees concerning the construction team, budget, meetings of the Cypress Creek Campus Expansion Steering Committee, and due diligence. 

Trustees Lillian J. Davis moved and Allen Kaplan seconded that:

MOTION:  The Board of Trustees select O’Connell Robertson & Associates as the Architect for the Cypress Creek Campus Expansion project.

The motion passed on a unanimous vote of 8-0.

FOR:  Dr. Lillian J. Davis, Mr. John Hernandez, Mr. Allen Kaplan, Dr. Barbara Mink, Ms. Veronica Rivera, Mr. Jeffrey Richard, Mr. Rafael Quintanilla, and Dr. John Worley.

AGAINST:  None.

ABSENT:  Trustee Nan McRaven.

 

Agenda Item 7961

Selection of Construction Manager for Cypress Creek Campus Expansion

Chair Mink introduced the item and Mr. Bronson Dorsey, Associate Vice President for Facilities and Operations, provided information and responded to questions from Trustees. 

Trustee Allen H. Kaplan recused himself from discussion and vote on the item. 

Trustees John Hernandez moved and Veronica Rivera seconded that:

MOTION:  The Board of Trustees select Spaw-Glass as Construction Manager for the Cypress Creek Campus Expansion project.

The motion passed on a unanimous vote of 7-0-1.

FOR:  Dr. Lillian J. Davis, Mr. John Hernandez, Dr. Barbara Mink, Ms. Veronica Rivera, Mr. Jeffrey Richard, Mr. Rafael Quintanilla, and Dr. John Worley.

AGAINST:  None.

ABSTAINING:  Trustee Allen Kaplan.

ABSENT:  Trustee Nan McRaven.

Trustees discussed the need for a Facilities Master Plan.

 

Recess

Dr. Mink called a break in the meeting at 7:45 p.m. and the meeting was recessed.

 

Reconvene

Dr. Mink reconvened the meeting in public session at 7:59 p.m.

 

Agenda Item 7962

Appointments/Re-Appointments to Citizens’ Advisory Committee on Finance and Budget

Chair Mink introduced the item and Mr. Ben Ferrell, Vice President for Business Services, stated the Citizens’ Advisory Committee on Finance and Budget was established by Resolution 7598 in October 2002, and re-approved in October 2003.  He stated the Advisory Committee was composed of community members with financial expertise, and reviews College financial matters which are referred by the Board.  The Advisory Committee reports back to the Board with recommendations on the matters reviewed.  Mr. Ferrell advised that several vacancies on the Advisory Committee occurred during the past year and additional members were required, including appointments by the recently-elected Board members.

 

·        Dr. John Worley stated his desire to reappoint Mr. Hunter Ellinger, former ACC Trustee.

·        Dr. Lillian Davis advised that she wished to reappoint Mr. Pete Palazarri of IBM.

·        Mr. Jeffrey Richard asked that Ms. Kimberly Edwards, executive director of the Texas Public Finance Authority, be appointed to the Advisory Committee

·        Dr. Barbara Mink asked that Ms. Kathy Schwerdtfeger of Deloitte-Touche be re-appointed and continue to serve as Co-Chair of the Advisory Committee.

·        Mr. John Hernandez named Mr. Gilbert Zamora of the State Comptroller’s Office.

·        Mr. Rafael Quintanilla asked that Judge Richard Borchard be re-appointed.

·        Mr. Allen Kaplan advised that he wished to appoint Ms. Tony Hunter, attorney for Gray and Becker.

·        Veronica Rivera stated she would provide the name of her appointment and requested additional information concerning the Advisory Committee.

 

Dr. Mink suggested it may be necessary for the Board to appoint three additional members in order to have a full complement of members at each meeting and suggested that the Board officers may want to appoint three additional members.  Mr. Quintanilla stated the Resolution would need to be revised if these appointments were made.

 

Dr. Mink advised that an appointment/reappointment would need to be provided by Trustee Nan McRaven and an appointment made by Trustee Veronica Rivera.

 

Agenda Item 7963

Proposed Fiscal Year 2005 Board Calendar/Work Plan

Chair Mink introduced the item and Dr. Robert Aguero, College President, called attention to the proposed Fiscal Year 2005 Board Calendar and Work Plan.  Dr. Aguero called attention to items which were added and asked for any additional requests. 

Trustees Allen Kaplan moved and John Worley seconded that:

MOTION:  The Board of Trustees approved the Fiscal Year 2005 Board Calendar/Work Plan as presented.

Trustees cited the need for inclusion of additional items.

Mr. Kaplan requested a Friendly Amendment.

FRIENDLY AMENDMENT TO THE MOTION:  That the Board of Trustees add to the Fiscal Year 2005 Board Calendar/Work Plan:  San Marcos Resolution at the September 7, 2004, Board meeting; building fees; facilities master plan; and legislative priorities.

Trustee John Worley accepted the Friendly Amendment.

The motion passed on a unanimous vote of 8-0.

FOR:  Dr. Lillian J. Davis, Mr. John Hernandez, Mr. Allen Kaplan, Dr. Barbara Mink, Ms. Veronica Rivera, Mr. Jeffrey Richard, Mr. Rafael Quintanilla, and Dr. John Worley.

AGAINST:  None.

ABSENT:  Trustee Nan McRaven.

 

New Business:

 

Agenda Item 7964

Discussion of Proposed Film/Production Management Entry-Level Certificate and Film/Production Video Entry-Level Certificate

Chair Mink introduced the item and Dr. Gary Hampton, ACC Dean of Applied Technologies, Public Service and Multi-Media, provided information and responded to questions from Trustees concerning proposed employers, facility needs, program needs analyses, and the possibility of sharing facilities/equipment with the industry.  This item will be included on the September 7, 2004, Board agenda.

.

Agenda Item 7965

Discussion of Proposed Deactivation and Closure of the Associate of Applied Science Professional Accountant Degree

Chair Mink introduced the item and Dr. Val Cantu, ACC Dean of Business Studies, and Sheila Ammons, ACC Department Chair for Accounting, discussed the item and responded to questions from Trustees regarding the need for deactivation and closure of the program.  Dr. Mink stated this item would be included on the agenda for the September 7, 2004, Board meeting and requested that additional information be provided at that time.

 

Agenda Item 7966

Discussion of Policy Governance

Chair Mink introduced the item and Trustees requested additional time to review policy governance information.

 

Agenda Item 7967

Discussion of Policy Review Process

Chair Mink introduced the item and Board Secretary Jeffrey Richard stated that the Board would conduct a review of all Board policies.  Mr. Richard stated policies regarding Board governance would be reviewed first, and Trustees discussed the process for policy review. 

 

President’s Administrative Report

There was no report.

 

Executive Session

There was no Executive Session.

 

Announcements

Dr. Mink advised:

·        there would be no Board Work Session in August;

·        the Austin Community College General Assembly would be held on Friday, August 20, 8:30 a.m., at the new downtown Austin Hilton Hotel;

·        meetings were scheduled with each Trustee regarding professional development plans; and

·        expressed appreciation to the leadership of the College organizations for being so diligent in presenting and being so organized when presenting information at the Board meetings regarding the concerns of their organizations and the time it takes as well, and stated the Board would look forward to meeting with the new leadership of the various associations at future meetings.

 

Meeting Review

Trustees commented regarding the meeting: 

What we did well:  We got through by 9:00 p.m. and I am actually amazed at that, so I guess we worked pretty efficiently; if what we were trying to accomplish with the last few items was not having a Board Work Session in August, it worked—it was a sticker agenda but it gave us an idea of what was going to come next which would leave us open to do other things during the Work Session instead of canceling it, but it worked; good meeting, you run a tight ship and you know that I appreciate that greatly, and it is a pleasure to be on the Board with you as Chair; want to say that this was a good meeting and I want to say that as well, and it is really because you insist on efficiency while allowing for expression, so it is a nice balance; thank you for to the Board for all of your hard work and the staff who worked on the agenda and the many, many hours that go into developing the work that will present it to the Board for adoption—for example the architect/construction managers—thank you all for all of your hard work and we are prepared to move forward with that because of your work; was a good meeting and I would also like to thank staff because there was a lot of items on the agenda and I appreciate how efficiently and professional they were on all items; I agree with John; very good meeting, especially thought we did well on the Board Calendar, I appreciate the Chair, Officers and Dr. Aguero for taking all of the input we gave last time and working it in, think the real important things we did—or are going to do—are the policy governance and the actual policy work that we will be doing in the next few months, thought the meeting was well done, very appreciative of the San Marcos folks, Mr. Sierra and the folks coming up here, it is great news and I think there is great work being done in San Marcos to move towards a potential annexation election, if you haven’t seen it they already have a web site up:  acc.org and the nice logo, would like everyone to take a look at it; also would like to thank all of the associations, it was really nice to hear more about what they are and what they are trying to accomplish.

What we can do better:  No Comments.

 

Adjournment

Having no motion before the Board, the August 2, 2004, Regular Meeting of the Austin Community College Board of Trustees was adjourned at 9:00 p.m.

 

Approved By          

Jeffrey Richard, Secretary