MINUTES
Regular
Meeting – Board of Trustees
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, December 13, 2004, at 6:02 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 6:10 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
§
A check in the amount of $75,000 was presented to Mr. Daron Butler, Chair of the Austin Community College
Foundation Board, from the American Association of University Women. The check was presented by Pam Plunkett, AAUW
President, and Pam Wolfe of the Scholarship Committee. A $2,500 check was also presented from the
AAUW Frances Marburger endowed scholarship.
The following
Trustees
expressed appreciation for the gift from the American Association of University
Women and congratulated the math student contest winners.
§
Dr. Gerry Tucker, Associate Vice President, introduced new
employee Sherry Rodriguez, Compensation Specialist in the Human Resources
Office.
§
Report on Achievements and Recognitions – Dr. Stephen
B. Kinslow, Executive Vice President, presented the
Kudos Report and called attention to recent awards/recognitions received by faculty/programs,
staff, students, and
Citizens
Communication
·
Mr. Mike Haney, Capital IDEA Board member,
distributed information and provided an update of the work of Capital IDEA and
ACC partnership and planning to provide support services to disadvantaged
adults. He expressed appreciation to Dr.
Donetta Goodall, Associate
Vice President, and other ACC staff for their assistance to Capital IDEA..
·
Phillis
Hanes, Capital IDEA student, spoke regarding the assistance provided by Capital
IDEA to enable her to reach her goals and obtain employment in the medical
field.
·
Fannie Akingbala, of
Austin Interfaith and Capital IDEA Board member, expressed appreciation to
·
Guadalupe Sosa, South Austin Campus Advisory
Committee, distributed information and spoke regarding the South Austin Campus
Advisory Committee and the status of the South Austin Campus.
Reports from
Associations
·
Adjunct Faculty Association – Mr. John Herndon,
President, spoke regarding compensation and a possible change of title for
adjunct faculty
·
Classified Employees Association – Mr. Tobin Wiegand, President-Elect, expressed appreciation for
attendance of several Trustees at the Association’s recent meeting; spoke
regarding annexations; and congratulated the Board and College for the recent
action by the Southern Association of Colleges and Schools (SACS).
·
Full-Time Faculty Senate – Mr. Larry Willoughby,
President, spoke regarding support by the Association for a possible change of
title for adjunct faculty; and expressed appreciation for the successful
meetings and discussions with the Administration during the Fall
semester, the work of the Board of Trustees, and the dedication of faculty and
students.
·
Professional-Technical Employees
Association – Ms. Linda Morrison, President, expressed appreciation for
meetings with College President and his leadership team, called for
reinstatement of the tuition vouchers for employee dependents, and stated the
Association meeting will meet on January 28 with Toby Futrell,
Austin City Manager. She also expressed
appreciation for the College’s response to the Holiday Project.
·
Student Government
Association – Mr. James “Levi”
Barnes, President, spoke regarding Association activities; expressed
appreciation for the opportunity for students to address the Board, recent
meetings with administrators; and to all for allowing the Student Government
Association to meet its goals for the Fall semester; stated his appreciation
for Dr. Aguero’s recent meeting with Austin Community
College students with disabilities at the Rio Grande Campus; introduced Nick Nyder, Association Treasurer, and A. J. Bennett, Senator at
the Riverside Campus.
President’s Administrative Report
Dr. Robert Aguero,
College President stated:
·
Recent priorities discussed at the
·
Board policy review priorities would
be placed on the agenda for an upcoming meeting;
·
The breakfast meeting with the
legislative delegation would be held on Tuesday, December 14; and
·
The Commission on Colleges from the Southern
Association of Colleges and Schools (SACS) recommended that Austin Community
College be removed from Warning status and be granted reaffirmation. He stated official notification from SACS
would be sent by letter.
Financial
Report – October 2004
Mr. Ben Ferrell,
Vice President for Business Services, called attention to the October 2004
financial report including details of the revenue summary for the period of
September 1-October 31, 2004; expenditures and transfers summary for September
1-October 31, 2004, including salaries and plant transfers. 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.
Mr. Ferrell
responded to questions from Trustees regarding the comparison of decreases from
Spring 2003 to Spring 2004 and the decrease in
Internal Programs enrollment.
Reports
to the Board
·
Advisory Committee for Finance and Budget – Topics for Review - Mr. Ferrell
called attention to the Work Plan for the Board Advisory Committee on Finance
and Budget adopted by the Committee on
CONSENT
AGENDA
Chair Mink introduced the Consent Agenda:
Agenda
Item 7995
Minutes
of the of the November 1, 2004, Regular Board Meeting, November 15, 2004,
Special Board Meeting; and the November 15, 2004, Retreat of the Austin
Community College Board of Trustees
Trustees Allen
Kaplan moved and
MOTION: The Board of Trustees approve the minutes of
the November 1, 2004, Regular Board meeting; November 15, 2004, Special Board
meeting; and the November 15, 2004, Retreat of the Austin Community College
Board of Trustees
VOTE: The motion passed on a 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 Richards, Ms. Veronica Rivera, and
Dr. John Worley.
Trustee Rivera
stated she was absent from the
AGAINST: None.
Agenda
Item 7996
Approval
at First
Dr. Mink introduced the item and Ben Ferrell provided
updated information regarding the need for additional funding in the amount of
$250,000 including a contingency amount for the Eastview
Campus Parking Lot Project. He stated
delaying action would cause additional expense to the College and, therefore,
requested approval at first reading of the item.
The Eastview parking lot was
originally approved as a $1.2 million addition to the $14 million
Staff requested authorization for approval of $250,000
($205,000 plus contingency) in order to cover the cost of finishing the parking
lot, funding the engineering survey work prior to the establishment of the
construction budget, and providing for a contingency. It was not anticipated that all funds would
be used, but staff asked for the additional contingency amount to avoid further
delays in construction of the parking lot.
Unused funds would revert to the construction fund.
The additional funding requested is available from improved
interest earnings on the General Obligation bond funds.
Mr. Ferrell introduced Mr. Tommy Cowan of Graeber, Simmons, and Cowan, and representatives from the
project’s architectural firm, engineering firm, and construction
company.
Mr. Cowan distributed information and the project team
discussed the programming, design, and budget; permitting and plan approvals;
and recapped the Govalle parking lot construction
costs. Mr. Cowan and the construction
team responded to questions from Trustees regarding: action by the City Planning Commission,
neighborhood environmental assessment and friendliness; savings of interest
income, zoning changes including effect of changing to “p” for Public zoning,
Guaranteed Maximum Price (GMP), change of project scope which resulted in the
need for additional parking; other environmental testing at the Eastview Campus, and expenses incurred to date.
Trustees asked the consequences if the additional funds
were not approved at first reading. It was
stated that the cost would be approximately $30,000 ($1,000/day plus increasing
cost of materials) to delay the project until the
Trustees Rafael
Quintanilla moved and
MOTION: The Board of Trustees approve on first
reading the request brought forward by College staff for an additional $250,000 ($205,000 plus
contingency) and the staff’s plan
for funding the $250,000.
VOTE: The motion passed on a vote of 8-1.
FOR: Dr. Lillian J. Davis, Mr. John F. Hernandez,
Ms. Nan McRaven, Dr. Barbara P. Mink, Mr. Rafael
Quintanilla, Mr. Jeffrey Richards, Ms. Veronica Rivera, and Dr. John Worley.
AGAINST: Mr. Allen H. Kaplan.
Recess
Dr. Mink recessed the
Reconvene
Dr. Mink reconvened the
Agenda
Item 7997
Adoption
at First Reading: Resolution Regarding
Establishment of Tax Increment Reinvestment Zone (TIRZ) by City of Austin at
the City’s former Municipal Airport site, Currently known as Mueller, Including
Waiver of applicable notices and Waiver of Representation on Zone Board
Board Chair Barbara Mink introduced the item. Dr. Robert Aguero,
College President, provided information regarding the City’s request for
approval of a resolution regarding the Tax Increment Reinvestment Zone. He stated the property designated for the
Zone was currently owned by the City of
Dr. Aguero introduced Mr. John
Stephens, Chief Financial Officer for the City of
Mr. Stephens responded to questions from Trustees regarding
tax increments and establishment of
Board Secretary Jeffrey Richard called attention to the
Board’s policy regarding two readings on all Board items and inquired regarding
the benefit to the College for the proposed resolution to be adopted at first
reading. He stated his concern regarding
deviation from the Board process and inquired regarding the date of the City’s
public hearing. Mr. Stephens replied
that the City’s public hearing would be held on
Trustees John
Hernandez moved and
MOTION: The Board of Trustees adopt, on first
reading, the Resolution regarding the Tax Increment Reinvestment Zone.
Trustees
discussed the effects if the proposed resolution was not adopted at the current
meeting and whether the Board should waive the right to appoint a
representative on the Zone board in the future.
Trustee Rivera
requested a Friendly Amendment to the Motion:
FRIENDLY
AMENDMENT: Include the name of
Mr. Hernandez
stated that he did not wish to include the name of a person, and did not accept
the Friendly Amendment.
Trustee Barbara
Mink requested a Friendly Amendment to the Motion:
FRIENDLY
AMENDMENT: Delete the seventh “WHEREAS”
paragraph and delete (c) from the last paragraph.
Mr. Hernandez and
Ms. McRaven accepted Dr. Mink’s Friendly Amendment to
the Motion.
VOTE: The amended motion passed on a vote of 8-1.
FOR: Mr. John F. Hernandez, Mr. Allen H. Kaplan,
Ms. Nan McRaven, Dr. Barbara P. Mink, Mr. Rafael
Quintanilla, Mr. Jeffrey Richards, Ms. Veronica Rivera, and Dr. John Worley.
AGAINST: Dr. Lillian J. Davis
*********
RESOLUTION 7997
(as adopted by the
on
WHEREAS, the City of
WHEREAS, State law requires that the City hold a public hearing and adopt and ordinance to create the Zone; and
WHEREAS, State law also requires that the City provide 60 days notice to each taxing entity which notice may be waived by such entity; and
WHEREAS, the City notified each entity including the Austin Community College (ACC) via certified mail on November 12, 2004 and desires to hold the public hearing on December 16, 2004 in order to create the Zone prior to January 1, 2005; and
WHEREAS, in accordance with the Act, ACC has designated a representative to meet with the City to discuss the project plan and the reinvestment zone financing plan for the Zone; and
WHEREAS, State law also provides that each taxing entity may appoint a member to the Board of the Zone which right may be waived; and
WHEREAS, the City is not requesting
that ACC participate in the Zone and as such is respectfully requesting that
ACC waive the right to a appoint a Board Member; and
NOW, THEREFORE BE IT RESOLVED that the
Austin Community College Board of Trustees hereby: a) declares that ACC will
not be a participant in nor contribute tax increment to the Zone; and b)
waives the requirement that the City of Austin provide a 60 day notification
prior to the City conducting a public hearing and adopting an ordinance
creating the Zone.; and c) waives the right to appoint a member to the Zone
Board.
Approved on the 13th day of December, 2004.
Dr. Barbara P. Mink, Chair
Attest:
Mr. Jeffrey K. Richard, Secretary
*********
Agenda Item
7998
Amendment to
the
Dr. Mink introduced the item and Ms. Gerry Tucker, Associate Vice President for Human Resources, stated that it was necessary to include the name of the current College President, Dr. Robert Aguero, on the College’s Money Purchase Plan.
Dr. Mink stated this item would be included on the agenda for possible action at the January Board meeting.
Agenda Item
7999
Board
Resolution Authorizing the Board Chair to Sign Tax Resale Deeds
Dr.
Mink introduced the item and Mr. Ben Ferrell advised that the Travis County Tax
Assessor/Collector collects property taxes for
Mr. Ferrell responded to questions from Trustees regarding the past practice and number of documents which required approval, whether the documents would require that the Board Secretary attest the signature of the Board Chair, and method for distribution of resale proceeds among the various taxing entities.
This item will be included on the January 2005 agenda for possible action.
Agenda Item
8000
Dr. Mink introduced the item and Ben Ferrell stated a Request for Proposal (RFP) was issued for investment manager services in order to obtain expert cash and investment management of College funds. An assessment of the proposals received was performed and a selection made based on best value. Two well-qualified firms responded, and the recommended firm was selected based on its lower fee schedule.
Fees are based on amounts under management according to a schedule ranging from 7 to 9 basis points (a basis point is 1/100 percent), and deducted from investment earnings. Estimated annual expenses are in the $60,000 to $70,000 range due to the large amount of bond proceeds ($80 million) held by the College. The College currently pays 3 to f basis points for the State’s Texpool fund.
Mr. Ferrell requested that the Board consider he staff recommendation of PFM Asset Management, LLC, as the College’s financial investment manager. Mr. Ferrell introduced Susan Anderson of PFM Asset Management, LLC. Ms. Anderson, Mr. Ferrell and Gilbert Rodriguez, ACC Director of Purchasing, responded to questions from Trustees concerning the current funds manager, maximization of options, and the length and renewal of the contract for services. Trustees discussed the need to conduct a review of Board policies concerning contracts and renewal periods.
Dr. Mink stated that this item would be included on the agenda for possible action at the January 2005 Board meeting.
Agenda Item
8001
Worker’s
Compensation Insurance Contract for Fiscal Year 2005
Dr. Mink introduced the item and Rebecca Cole, Environmental Health Safety and Insurance Manager, requested that the Board of Trustees consider the staff recommendation for awarding the Workers Compensation Insurance Contract to Deep East Texas Self Insurance Fund through Frost Insurance.
The current Workers Compensation insurance expires on February5, 2005. A Request for Proposal (RFP) process was followed to provide insurance coverage. An assessment of the bids was performed and a selection made based on best value. Cost, coverage, and rating of insurance carrier were used as the criteria for selection. Comparative data and bid results were reviewed and the recommended was the lower low bid.
Insurance costs are included in the Fiscal Year 2005 budget. Mr. Bob Reim, Insurance Consultant, stated approval of the recommended carrier would result in a savings to the College in the amount of $78,000 from current costs for Workers Compensation insurance.
Dr. Mink stated that this item would be included on the agenda for possible action at the January 2005 Board meeting.
Dr Mink stated there would
be no Executive Session at the
Announcements
There were no announcements.
Adjournment
Having
no motion before the Board, the December 13, 2004, Regular Meeting of the
Austin Community College Board of Trustees was adjourned at
Approved By
Jeffrey
Richard, Secretary