MINUTES

Regular Meeting – Board of Trustees

November 1, 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, November 1, 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; Ms. Nan McRaven [arrived at 6:45 p.m.]; Mr. Rafael Quintanilla; Ms. Veronica Rivera; and Dr. 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

§         Report on Achievements and Recognitions – Dr. Donetta Goodall, Associate Vice President, presented the Kudos Report and called attention to recent awards/recognitions received by faculty/programs, staff, students, and Austin Community College.

 

Citizens Communication

·        Dr. Terry Thomas, President, ACC/AFT Local 6249, introduced newly elected officers:  Mike Merkel, Vice President; Diane Kramer, Secretary; Dan Dewberry, Treasurer; and provided information concerning the employees union.

·        Dr. Roland Hayes, ACC Instructor, spoke regarding the success of the Friends of ACC Golf Tournament held on Saturday, October 30.

·        Mr. Gregory Garlow, ACC Instructor, spoke regarding African-American opportunities at Austin Community College.

·        Ms. Cloteal Haynes, former ACC Instructor, spoke regarding African-American opportunities at ACC.

·        Mr. Nelson Linder, NAACP, spoke regarding African-American opportunities at ACC.

 

Reports from Associations

·        Adjunct Faculty Association – Mr. John Herndon, President, spoke regarding preferential hiring; expressed appreciation for work of Board on behalf of College, and for making health benefits for adjunct faculty a priority; urged the Board to pay one-half of the cost of health benefits for coming year; and compensation.  He invited Trustees to attend the Association’s meeting on November 12, 2004, 4:30 p.m., at the Eastview Campus.

·        Classified Employees Association – Ms. Sue Bloodsworth, President, was unable to attend but provided written information regarding the success of the recent ACC Blood Drive.

·        Full-Time Faculty Senate – Dr. Larry Willoughby, President, spoke regarding Senate activities and provided a high rating for the October 18, 2004, Work Session of the ACC Board of Trustees.

·        Professional-Technical Employees Association – Ms. Linda Morrison, President, advised of the recent death of Association member Burt Burton, and stated an ACC Foundation scholarship fund would be established in his memory;  spoke regarding creation of an emergency fund; and provided information concerning a December Association meeting with Toby Futrell, City Manager.

·        Student Government AssociationMr. James “Levi” Barnes, President, spoke regarding Association activities; stated newly-elected officers would be introduced at the December meeting; advised that the Association’s web site and billboards were being updated; invited participation in the annual community event “Project Bear” on November 13, 2004, 9:00 a.m. – 1:00 p.m., at the Roy Guerro Park on Grove Street adjacent to the Riverside Campus; and expressed appreciation for the Association’s opportunity to serve on College committees and councils and to be a part of the College’s shared governance process.

 

President’s Administrative Report

Dr. Robert Aguero, College President, stated the Executive Team would meet on November 2, 2004, for an administrative planning Retreat.  He provided the following update regarding College renovations and  building projects:

·        Health Sciences Building, Phase II, Eastview Campus – The building is in completion; furniture and equipment were being purchased; and have received a temporary Certificate of Occupancy because of the parking issue.  The building will be open for January 2005 classes.  Once the buildings are open, there will be a ribbon-cutting ceremony with community groups invited.

·        South Austin Campus – Good progress continues on the project redesign to comply with the budgetary considerations; construction should begin in May 2005; and the first classes would be held in Fall 2006.

·        Cypress Creek Campus Expansion – Architects were preparing preliminary designs for the Campus expansion; current estimation was for construction to begin in July 2005; and classes would begin in Spring 2007.

·        Northridge Campus Parking Lot – Project would be bid in November 2004; vendor selection by the Board should occur in January 2005; construction would begin in February 2005 and be completed in April 2005.  He stated the parking lot would improve the parking at the Northridge Campus and advised that the College was continuing to investigate the possibility of  a location for shuttle services for students.

·        Rio Grande Campus – Feasibility Study Commission is nearing completion using the various scenarios provided to the architect.  He stated the Board had requested various scenarios for the Rio Grande Campus.  Dr. Aguero advised that presentations would be made by 3DI to the Executive Team on November 2, 2004.  The scenarios would all include the construction of a parking garage and offices for faculty, as well as options on how best to use the $11 million designated for program and renovation projects.  He said that internal and external focus groups were held to gather input for future planning at the Campus.

 

Dr. Aguero advised that this was an update and that formal reports would be made to the Board in the future.

 

Trustees asked for the timeframe for the Rio Grande Campus.  Dr. Aguero responded that a timeframe would be provided following presentation of the scenarios and input from the community.

 

Trustees requested information on the difference in the completion dates for the South Austin Campus and the Cypress Creek Campus Expansion.  Dr. Stephen B. Kinslow responded that the program planning was farther along for the South Austin Campus, and the program planning was in the early stages for the Cypress Creek Campus Expansion.

 

Financial Report – September 2004

Mr. Ben Ferrell, Vice President for Business Services, called attention to the September 2004 financial report including:  Fall enrollment growth was about 1% , exceeding the budget’s projection of 0%; property taxes would fall below the original budget projections since Del Valle’s taxes would not be received until Fiscal Year 2006, and the budget was adjusted by lowering the projections for facilities improvement expenses; and based on current information, the College’s budget was on track and projecting approximately $400,000 revenue over expenses.  He noted that the College would have a positive balance of revenues versus expenditures for the Fiscal Year 2005 and would meet the expectations of the Cash Reserves Board Policy G-6 or the corrective action plan requirements. 

 

CONSENT AGENDA

 

Chair Mink introduced the Consent Agenda:

 

Agenda Item 7989

Minutes of the October 4, 2004, Regular Meeting and October 18, 2004, Work Session of the Austin Community College Board of Trustees

Dr. Mink pulled the minutes for additional refinement and stated the minutes would be presented for action at the November 15, 2004, meeting.

 

Agenda Item 7990

Proposed Approval of Property Insurance Contract for Fiscal Year 2005

 

Trustees Rafael Quintanilla moved and Nan McRaven seconded that:

MOTION:  The Board of Trustees approve the staff recommendation for awarding the property insurance contract to Travelers Insurance, through USI Holdings Corporation, in the amount of $134, 834.

The Motion passed on a unanimous vote of 9-0.

FOR:  Dr. Lillian J. Davis; Mr. John F. Hernandez; Mr. Allen H. Kaplan; Ms. Nan McRaven; Dr. Barbara P. Mink; Mr. Rafael Quintanilla; Mr. Jeffrey K. Richard, Ms. Veronica Rivera; and Dr. John B. Worley.

AGAINST:  None.

ABSENT:  None.

 

Agenda Item 7991

Proposed Approval of Legislative Priorities for 79th Texas Legislature

Board Chair Barbara Mink introduced the item.  Dr. Aguero distributed legislative priorities of the Texas Association of Community Colleges including: 

 

1.      Appropriations of the 79th Texas Legislature must restore funding for community colleges.  This would request funding be increased to sixty-two percent of formula which would be an increase of almost $358 million.  Texas community colleges are currently at fifty-two percent.

2.      Employee Benefits:  The 79th Legislature must fully fund employee benefits for community and technical college faculty and staff.

 

Austin Community Colleges supports the legislative priorities of the Texas Association of Community Colleges. 

 

Dr. Aguero noted the legislative priorities discussed by Trustees at the October 18, 2004, Board Work Session and proposed by Austin Community College include:

 

·            Broaden the current annexation laws for community college districts

 

1)       Add language to allow for immediate effect for tax base annexation elections, so that no delay in revenue collection occurs

2)       Broaden §130.063(a)(1) Tex. Educ. Code of current annexation laws which allow ISDs and Counties to pursue annexation to add "or a city or part of a city"

 

Background and rationale:  Reduced funding from state appropriations by percentage, along with significant student enrollment growth and expanded costs require additional funding in order for the college to continue its mission and scope of services.  The additional language above would expand the types of political subdivisions eligible to pursue annexation, and will provide additional avenues for achieving the goal. 

 

·        Request adjustment of the community college service area currently included under the Alamo Community College District on the western border of Guadalupe County that is part of the San Marcos Consolidated Independent School District, and move the service area line to include the ISD boundary.

 

Background and rationale:    Legislated service areas for Alamo Community College District and Austin Community College District share a boundary to the south, and the recent effort by the  community served by San Marcos Consolidated Independent School District to join the ACC tax base highlighted a small area of overlap.  The San Marcos CISD has a small portion of its district which lies on the western border of Guadalupe County, and Guadalupe County is within the Alamo District rather than ACCs district.   A simple correction of the service area to include the San Marcos CISD as a whole can be accomplished legislatively, just as the Nixon Smiley ISD was added to the ACC

service district during the 77th legislative session.  This would not negatively impact the Alamo Community College District, since the San Marcos CISD would not be joining that tax base under the state plan.

 

·        .Early College Start:     Early College Start definitions and rules should be altered to clarify that students enrolled in different school formats and who are exercising the many high school graduation options available to them (e.g., early high school graduation) are eligible to co-enroll in a college and receive a tuition and fee waiver, if a waiver is

offered.  Specific needs are detailed below.

 

1)      Allow for tuition and fees to be waived for college courses

taken by dual credit enrolled high school students for which students receive college credit only.  The current code seems to state that tuition and fees may be waived only if the high school student receives both high school and college credit.

2)      Set the age at which home school students are eligible to co-enroll in a college.  The current wording is confusing to home school parents and students who are challenging whether the age of 16 referred to in §130.008(e) applies to home school students.  Successful challenges increasingly will bring underage students to college campuses.

3)      State that students who have completed all high school course credits needed for graduation, but are not yet graduated from high school are eligible to enroll in college as a high school student until high school graduation.
4)      State that students enrolled in alternate high school diploma programs, but not yet graduated from high school, are eligible to enroll in college as a high school student.
 
      Background and rationale:  The Early College Start program has had significant interest and participation, growing in many areas of our service area.   Research also indicates that Early College Start assists the State in transitioning high school students into higher education, and supports the Closing the Gaps goal.  Participation in Early College Start has been shown to predict student success of continuing into college, with seventy percent of all Early College Start participants entering college.   However, existing language in the Education Code does not address either the dual credit nature sufficiently, nor of the circumstances in which tuition waivers may be utilized.  The areas of explanation and addition to the Education Code will allow students, parents, schools and other interested parties to understand the program better, and grow the number of students who choose to participate.  
 

·        Expand options for adjunct faculty health care benefits funding, and

            redefine the eligibility criteria to better reflect current trends in

            community colleges.

 

Background and rationale:    Legislation has been passed to allow community college adjunct faculty to access health care benefits, providing that they have been proven to be in continued employment in community college teaching for a period of years and that they are teaching numerous courses per semester.  However, funding has not been addressed for this large segment of the faculty, and reduced state funding to colleges in general significantly restricts the ability of individual colleges to provide funding from their own budgets.  The criteria changes are necessary because existing ones require teaching the maximum number of courses per semester, and as colleges move to hire more full time faculty, adjunct loads decrease.  Changes the criteria for number of courses will help to include more adjunct faculty, and will impact the general health and welfare of these faculty members. This is an important need for thousands of Texas community college faculty who have committed years to their profession, and is an issue that needs to be addressed through state funding. 

 

·        Explore ways in which funding for two years of operating costs for the South Austin Campus can be included as a line item in the Appropriations budget

 

            Background and rationale:  All members of the Texas Association of Community Colleges have agreed not to ask for item exceptions as a rule, so that community colleges do not compete with sister institutions for scarce budget dollars.  However, last session North Harris Montgomery College in the Houston area was able to have a line item for their new Cypress Campus, and other examples have been funded earlier.   If ACC could have a line item added to pay for the first two years of operational costs, the South Austin Campus could begin to meet the needs of the constituents in that area much more quickly.  Providing the startup sooner will enhance ACC’s ability to serve a larger number of students, and will assist us in moving toward the higher numbers indicated in the Texas Higher Education Coordinating Board’s Closing the Gaps study.

 

Trustee John Worley requested the following addition to the ACC Legislative Priorities to broaden Texas Education Code §130.0032.  He stated the proposed amendment would enable ACC to reduce tuition for all out-of-district students who live in the service area and can demonstrate financial need.  He stated this would enable ACC to reduce tuition for needy students in all of the ACC service area, including Round Rock.

 

 

§ 130.0032.  TUITION FOR STUDENTS RESIDING OUTSIDE OF DISTRICT.  
 
  (a)  The governing board of a public junior college 
district may allow a person who resides outside the district and who 
owns property subject to ad valorem taxation by the district, or a 
dependent of the person, to pay tuition at the rate applicable to a 
student who resides in the district.
  (b)  The governing board of a public junior college district 
may allow a person who resides outside the district and in the 
taxing district of a contiguous public junior college district to 
pay tuition and fees at the rate applicable to a student who resides 
in the district.
  (c)  The governing board of a public junior college district 
may allow a person who resides outside the district to pay tuition 
and fees at a rate less than the rate applicable to other persons 
residing outside the district, but not less than the rate 
applicable to a student who resides in the district, if the person:
         (1)  resides within the service area of the district;                         
         (2)  does not reside in an independent school district 
that meets the criteria of the coordinating board for the 
establishment of a junior college district under Section 130.013;  
and
         (32)  demonstrates financial need in accordance with 
rules adopted by the Texas Higher Education Coordinating Board.

 

Trustees inquired regarding execution these priorities and what the plan might be to ensure that the ACC Legislative Priorities are passed.  Dr. Aguero stated discussions would occur with the Austin legislative delegation before the 79th Session of the Texas Legislature convenes.  Trustees stressed the need for mobilization of the communities around the State to support these priorities, including making local community organizations aware of the needs of Austin Community College and asking for participation in the legislative process.  The need was highlighted for constituent groups to contact the legislative delegation concerning the needs of Austin Community College and for Trustees to meet with local organizations to present the legislative priorities.

 

Mr. Ferrell responded to Trustees regarding Austin Community College annexation of counties instead of cities.  Trustees discussed annexing the county rather than just the City of Austin.  Mr. Ferrell stated that current residents within the taxing district as well as residents within the proposed annexation would need to vote on the annexation.  Trustees requested information regarding the options for annexation; information on the tax base—the difference between the city and the county; and the requirements for each option.

 

Dr. Aguero provided information in response to inquiries from Trustees regarding whether the Alamo Community College District was contacted their response concerning adjustment of the community college service area currently included under the Alamo Community College District.  He said that he spoke with Alamo Community College District Chancellor Kelly and they would need to look at a map and discuss the proposed movement.  Dr. Aguero stated that Chancellor Kelly was aware that the area was part of the Alamo Community College service area, but not a part of the taxing district.

 

Trustees Nan McRaven moved and Allen Kaplan seconded that:

MOTION:  The Board of Trustees approve the eight legislative priorities proposed by Austin Community College and the two priorities of the Texas Association of Community Colleges for the 79th Session of the Texas Legislature.

Trustee John Worley requested a Friendly Amendment to add the proposed amendment to Texas Education Code §130.0032 to the Austin Community College Legislative Priorities.

Trustees McRaven and Kaplan accepted the Friendly Amendment.

Trustees inquired regarding the option not to adjust the out-of-district tuition for needy students in a given year because of the financial needs of the College; the need to know how many districts this would affect, if there were any opposition, about how many students this might affect, and the approximate cost; and the definition of “needy”.

The Motion, as amended, passed on a vote of 6-3.

FOR:  Mr. John F. Hernandez; Mr. Allen H. Kaplan; Ms. Nan McRaven; Mr. Rafael Quintanilla; Ms. Veronica Rivera; and Dr. John B. Worley.

AGAINST:  Dr. Lillian J. Davis, Mr. Jeffrey K. Richard, and Dr. Barbara P. Mink.

ABSENT:  None.

 

Agenda Item 7992

Student Goal Achievement:  Discussion of Closing the Gaps Report

Dr. Mink introduced the item and Dr. Kathleen Christensen, Associate Vice President for Retention and Student Services. provided Dr. Christensen introduced staff:  George Reyes, Dean and Counselor at the Pinnacle Campus; Dr. Maggie de la Tejas, Dean at the Riverside Campus; Dr. Richard Armenta, Dean at the Rio Grande Campus; Steve Christopher, Manager of Special Populations and Supervisor of the Interpreters for the Deaf; Terry Bazan, Director of Financial Aid; Linda Kluck, Director of Admissions and Records; Linda Caplin, Chair of the Counseling Committee; and Amber Kelly, Dean and Counselor at the Cypress Creek Campus.  Dr. Christensen provided information regarding the status of data and goals as measured by Closing the Gaps; effectiveness measures; enrollment, retention, and transfer reports, and ACC departmental and divisional data on recruitment, admissions, assessment, and financial aid.  She provided information regarding targeted schools and student needs assistance.

 

Dr. Christensen, Dr. Kinslow, and Dr. Aguero responded to questions from Trustees regarding minority student clarification, establishment of the 2005 targets; the increase in success rates; impact of growth on targets; demographics of students who inquired and enrolled; the transfer graduation percentage rate; goal and success rate for part-time students; recruitment and outreach efforts with high schools in the service area, including San Marcos and Austin; orientation for transfer students; the retention rate and what ACC was doing to meet the statewide goals; student access and student outcomes; student completion focus and accountability; the need for current planning for future increases in enrollment including additional programs, staff and facilities; students who were unable to continue their education due to financial issues; and the availability of scholarships.

 

Dr. Mink expressed appreciation to Dr. Christensen and staff for the report and excellent work.  Dr. Mink asked that the Board be utilized as a resource within the community for increasing College awareness. 

 

Executive Session

There was no Executive Session.

 

Announcements

·        Dr. Mink stated that a Board Retreat would be held on November 15, 2004, and Dr. Bill Wenrich, Chancellor Emeritus of Dallas County Community College District, would present information on Board policy and Board governance.  She stated the Board Retreat would focus on Board governance, professional development, priorities, generation of Board materials and minutes to be more descriptive of the outcomes as well as the process, and evaluation of the Board, and feedback.

 

Adjournment

Having no motion before the Board, the November 1, 2004, Regular Meeting of the Austin Community College Board of Trustees was adjourned at 8:33 p.m.

 

Approved By          

Jeffrey Richard, Secretary