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, March 7, 2005, 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 6:20 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
·
There were no new employees recognized.
·
Report on Achievements and Recognitions – Mr. Bill
Carter, Associate Vice President, presented the Kudos Report and called
attention to recent awards/recognitions received by faculty/programs, staff,
students, and
Citizens
Communication
·
Karen Anderson, ACC employee, spoke regarding
Board Policy F-10, Employee Compensation, and distributed information.
·
Maxine Kaplan, ACC employee, spoke regarding
Board Policy F-10, Employee Compensation.
·
Kathy Judge, spoke regarding Board Policy F-10, Employee
Compensation.
·
Richard Troxell,
National Chair of Universal Living Wage, spoke regarding universal living wage.
·
Guadalupe Sosa, South Austin Campus Advisory
Committee, spoke regarding the South Austin Campus.
·
Mark Goodrich, ACC/AFT, spoke regarding Board
Policy F-10, Employee Compensation.
Reports from
Associations
·
Adjunct Faculty Association – Mr. John Herndon,
President, commented regarding adjunct faculty pay and stated the Adjunct
Faculty Association’s Spring General meeting would be held on
·
Classified Employees Association –Sue Bloodsworth, President, commented regarding pay for Classified employees, values, and the upcoming
·
Full-Time Faculty Senate – Mr. Larry Willoughby,
President, expressed appreciation to the Board and Dr. Kinslow
for allowing associations to comment at the Board’s past Work Session and spoke
regarding Board Policies C-4, Internal Employee Associations, and F-10,
Employee Compensation; and the ACC Foundation/textbooks.
·
Professional-Technical Employees
Association – Ms. Linda Morrison, President, commented regarding Board Policy
F-10, Employee Compensation.
·
Student Government
Association – Mr. Michael
Sanchez, Director of Communications for Student Government, spoke regarding the
President’s Administrative Report
Dr. Steve Kinslow, Executive Vice
President and Administrator-In-Charge, provided information regarding the
Fiscal Year 2006 Academic Calendar, department head elections, twelve-month
calendar, and the shared governance review process.
Financial
Report – January 2005
Mr. Ben Ferrell,
Vice President for Business Services, called attention to the January 2005
Financial Statement and stated:
·
the College remains approximately $1.3 million under
revenue as noted last month;
·
enrollments held steady at about 1.2 to 1.4 for the student
increase for Spring 2005, as previously noted; and
·
projected a $400,000 net
revenue over expenses for the year through the end of August 2005.
Mr. Ferrell
responded to questions from Trustees concerning legal and tax appraisal
collections noted on the operating expense detail and the projected versus
budgeted bottom line of $413,000, and the difference from the last month’s
report.
Reports
to the Board
·
Monthly Construction Update – Mr. Ferrell
provided an update on current construction and renovation projects including a
major facilities projects summary, a facilities update regarding Eastview Campus – Health Sciences Building ($15,450,000); Eastview Campus – Environmental Testing; South Austin
Campus ($21,000,000); Cypress Creek Expansion ($25,000,000); Northridge Parking
Lot ($580,000); Rio Grande Campus ($33,950,000); San Marcos/Hays County;
Riverside Zoning; Riverside Renovations; and Northridge Student Service
Renovations.
Mr. Ferrell provided information regarding the status of the South Austin
Campus and introduced Larry Speck, architect; members of the South Austin
Campus Advisory Committee; and representatives of American Constructors. Mr. Speck highlighted four major design
changes to the exterior of the South Austin Campus building including larger
windows, brick pattern, articulation of top of building; and creation of entry
porches. Mr. Jeff Jack, South Austin
Advisory Committee member, stated the Committee had met with the architect on
three occasions and the Committee’s consensus was that they now have a plan
with which they can go forward. Mr.
Marty Burger, American Constructors, discussed cost information. Trustees discussed the proposed changes,
including a possible canopy from the parking garage to the building, any
lighting at the sides of building, and a possible date for construction to
begin.
Mr. Ferrell responded to questions from Trustees regarding the Pinnacle Campus
parking lot, San Marcos/Hays County project, and
Trustee Veronica Rivera stated that her appointment to the South Austin Campus
Advisory Committee was Henario Rodriguez.
·
Association of Community College Trustees National
Legislative Summit, February 13-16, 2005, Washington, D.C.—Trustees Lillian
Davis, Nan McRaven, Jeffrey Richard, and John Worley provided
a report on the Summit and legislative meetings they attended in Washington.
·
Internal Auditor’s Report – Mr. Imad
Mouchayleh, Internal Auditor, called attention to the
Annual Audit Plan – Fiscal Year 2004-2005, and responded to questions from Trustees
regarding P-Cards, the Fraud Prevention Hotline, and Family Educational Rights
and Privacy Act (FERPA).
CONSENT
AGENDA
Chair Mink introduced the Consent Agenda:
Agenda
Item 8029
Proposed
Approval of Minutes of the
Recommendation: That
the Board of Trustees approve the minutes as
presented.
Trustees Rafael
Quintanilla moved and
MOTION: The Board of Trustees approve the minutes as
presented.
VOTE: The motion passed on a vote of 9-0.
FOR: Dr. Lillian Davis, Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr. Rafael
Quintanilla; Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John Worley.
Mr.
Kaplan abstained from vote on the minutes of the February 21, 2005, Board Work
Session.
Recess
Dr. Mink recessed the
Reconvene
The Board of Trustees of Austin Community College
reconvened in public session at
ITEMS
FOR DISCUSSION/POSSIBLE ACTION
Agenda
Item 8030
Selection
of Underwriters, Approval of Preliminary Official Statement, Approval; of Order
Issuing Bonds and Delegating Authority to Enter into Bond Purchase Agreement
Dr. Mink introduced the item and Ben Ferrell stated the item
was to refinance bonds. Mr. Ferrell
introduced Jorge Rodriguez, Vice President of Coastal Securities, and Financial
Advisor to
The funding provides
Mr. Rodriguez and Mr. Pollan
responded to questions from Trustees.
Trustees Allen
Kaplan moved and
MOTION: The Board of Trustees approve
the selection of Underwriters, the Preliminary Official Statement, and the
Order Issuing Bonds and Delegating Authority to enter into Bond Purchase
Agreement.
VOTE: The motion passed on a vote of 9-0.
FOR: Dr. Lillian Davis, Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr.
Rafael Quintanilla; Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John
Worley.
Mr. Rodriguez stated that a summary report would be
presented at a later date on the actual transactions.
(See Exhibit A.)
Agenda
Item 8031
Matters
Related to Conduct of Election, Balance of City of
Dr. Mink introduced the item and Myra McDaniel stated that if
the College wished to call the election to annex the territory of the City of
Ms. Linda Young, Special Assistant to the President for
Governmental and Community Relations, provided information and distributed a
revised map of the City of Austin/Travis County with annexation
implications. She stated that the budgetary
implication for the election would be approximately $500,000.
The Austin Community College District currently consists of
the residents of
Dr. Kinslow and Ms. Young
responded to questions from Trustees concerning election costs and ease on the
voters, feedback from the affected school districts, and currently proposed
legislation.
Trustees
MOTION: The Board of Trustees call
a special election to annex territory of the City of
VOTE: The motion passed on a vote of 8-1.
FOR: Mr. John Hernandez, Mr. Allen Kaplan; Ms. Nan
McRaven, Dr. Barbara Mink; Mr. Rafael Quintanilla;
Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John Worley.
AGAINST: Dr. Lillian Davis.
**********
ORDER CALLING SPECIAL ELECTION TO
THAT IS CONTIGUOUS TO AUSTIN COMMUNITY COLLEGE DISTRICT
WHEREAS, the Board of Trustees (the “Board”) of the Austin Community College District (the “District”) has the authority to call a special election for annexation of territory within the city limits of the City of Austin that is currently outside the boundaries of the District; and
WHEREAS, the Board
finds that the citizens of the entire City of
WHEREAS, those benefits include but are not limited to economic development through the development of a trained workforce and provision of the direct services to local businesses; affordable access to academic, technical and community service programs as well as comprehensive facilities and the technological infrastructure to support such programs; and
WHEREAS, the Board
finds that residents of the City of
THEREFORE, the Board
of Trustees determines that it is appropriate to call an election to obtain
voter approval of the annexation of that portion of the City of
IT IS THEREFORE, ORDERED BY THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT THAT:
Section 1. Call of Election; Date; Eligible Electors; and Hours. A Special Election (the “Election”) shall be
held on
Section 2. Conduct of Election. The Election shall be conducted by election
officers as may be appointed by the District, in accordance with the Texas Education
Code, the Texas Election Code and the Constitution and laws of the State of
Section 3. Voting Precincts. Except as otherwise provided herein, the presently existing boundaries and territory of the respective Travis, Hays and Williamson County Election Precincts, that are wholly or partially within the territory of the Election are hereby designated as the voting precincts for the Election. The election precinct numbers shall be the corresponding Travis, Hays or Williamson County Election Precinct Number of each precinct that is wholly or partially within the territory of the Election.
Section 4. Proposition. At the Election there shall be submitted to the resident, qualified electors the following proposition in accordance with law:
ANNEXATION
OF THE FOLLOWING TERRITORY FOR JUNIOR COLLEGE PURPOSES: THAT PORTION OF THE
CITY OF
A map of the territory proposed to be annexed to the District is attached as exhibit A to this Order.
Section 5. Ballots. The ballots shall conform to the requirement of the Election Code so as to permit the electors to vote “FOR” or “AGAINST” the aforesaid measures which shall appear on the ballot substantially as follows:
OFFICIAL BALLOT
ANNEXING,
[ ] FOR
[ ] AGAINST
Section 6. Appointment of Custodian of Records. The Board appoints Linda Young, an employee of the District, as the Custodian of Records ("Custodian") and agent to the Board Secretary to perform the duties related to the conduct and maintenance of records of the Election as required under the Texas Election Code during the period ending not earlier than the fortieth (40th) day after the day of the election.
Section 7. Election Information to be provided in Spanish. The Custodian shall be responsible for the preparation of notices, instructions, orders, ballots and other written material pertaining to the Election and shall cause each such document to be translated into and furnished to voters in both the English language and the Spanish language.
Section 8. Early Voting by Mail. The Board appoints Linda Young as District’s Early Voting Clerk for the Election. Ballot applications and ballots voted by mail in the Election shall be addressed to the Early Voting Clerk at the address indicated immediately below.
ACC Early Voting Clerk - Annexation Election
Austin Community College District
Section 9. Early Voting.
The first day for Early Voting in person is
Section 10. Canvassing of Returns: Declaring Results. The Custodian shall make a written return of the Election results to the Board in accordance with the Election Code. The Board shall canvass the returns and declare the results of the Election.
Section 11. Notice of Election. The President of the Board shall give notice of the election in the manner provided by law for notice by the county judge of general elections. The Custodian and Board Secretary’s Agent is specifically authorized to provide the requisite notice, stating in substance the contents of this Order, and shall cause such notice to be published one time in the English and Spanish languages, in a newspaper published within the territory of the Election at least 10 days and no more than 30 days before the Election and as otherwise may be required by the Texas Election Code. Notice of the Election shall also be posted on the bulletin board used by the Board to post notices of the Board's meetings no later than the 21st day before the Election, or if the 21st day before the Election falls on a weekend or holiday, the notice must be posted on the first business day thereafter.
Section 12. Training of Election Officials. Pursuant to the Election Code, a public school of instruction for all election officers shall be held.
Section 13. Authorization to Execute. The Chair of the Board is authorized to execute and the Secretary of the Board is authorized to attest this Order on behalf of the Board; and the Chair of the Board is authorized to do all other things legal and necessary in connection with the holding and consummation of the Election.
Section 14. Effective Date. This Order is effective immediately upon its passage and approval.
PASSED AND APPROVED
Barbara P. Mink, Chair, Board of Trustees
ATTEST:
Jeffrey Richard, Secretary, Board of Trustees
[SEAL]
*********
Agenda
Item 8032
Proposed
Approval of College Priorities for President
Dr. Mink
introduced the item and Dr. Steve Kinslow provided
information concerning the proposed annual priorities for the College President
and Master Plan Priorities. The
priorities for the College President would be used as part of the evaluation
criteria for the annual performance evaluation of the President.
Trustees
MOTION: The Board of Trustees approve
the proposed annual College Priorities for the President.
VOTE: The motion passed on a vote of 9-0.
FOR: Dr. Lillian Davis; Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr.
Rafael Quintanilla; Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John
Worley.
**********
College Priorities for President
(as discussed at
1. Create a Clear Vision----A Strategic Master Plan
2. Encourage Annexation
3. Diversify the College Work Force
4. Complete Bond-Funded Facilities
5. Increase Enrollment
6. Be Influential with the State Legislature
7. Involve Community More---Re-Format Board Work Sessions
8.
Conduct a
Successful Referendum to Bring in All of City of
9.
Contain Cost of
Education at ACC
10. Have a Robust Scholarship Program
**********
Agenda
Item 8033
Proposed
Approval of Declaration of Program Priorities for Fiscal Year 2006 and
Resolution
Dr. Mink introduced the item and Dr. Steve Kinslow provided a report on instructional programs. He
stated the master planning process includes a review of revenues and expenses
for all instructional programs. Another
element of program review includes local workforce and higher education
needs. As part of the master planning
process and in accordance with Board Policy E-1, Master Planning, the Board was
asked to approve the Resolution to declare its community priorities which would
guide instructional planning for Fiscal Year 2006.
Dr. Kinslow and Mr. Mike Midgley, Interim Associate Vice President for Workforce
Programs, responded to questions from Trustees including program costs and
donations/contributions from the community.
Trustees Allen
Kaplan moved and Nan McRaven seconded that:
MOTION: The Board of Trustees approve
the proposed resolution with the deletion from [5] “….at the current level of
institutional funding beyond that provided by grants ….”
Trustees discussed the current level of institutional
funding for adult education and indirect costs.
VOTE: The motion passed on a vote of 9-0.
FOR: Dr. Lillian Davis; Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr.
Rafael Quintanilla; Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John
Worley.
**********
PROGRAM
RESOLUTION
FY 06 COMMUNITY – PRIORITIES DECLARATION
WHEREAS, Austin Community College annually updates its Master Plan to identify program priorities that fulfill its mission statement of expanded educational opportunity for the community, and
WHEREAS, Austin Community College engages both the internal and external community in a dialogue to develop its Master Plan to meet the future needs of the College, and has linked master planning with SACS accreditation principles, and
WHEREAS,
WHEREAS,
BE IT RESOLVED THAT
1. Continue to fund the programs shown in Attachment C.
2. Offer a varied instructional curriculum which meets the legal mandate for public community colleges to offer vocational and technical (workforce) programs; freshman-and sophomore-level academic courses; continuing adult education for academic, occupational, professions, and cultural enhancement; special instructional programs and tutorial services to assist under-prepared students and others who need special assistance to achieve their educational goals.
3. Continue to offer general education core curriculum and specialized workforce education courses in support of the programs and certificates listed in the current institutional Catalog.
4. Continue to offer a strong developmental education program to assist under prepared students in entering academic and workforce programs.
5. Continue to support adult education programs at the current
level of institutional funding beyond that provided by grants, to promote
access to education.
**********
Agenda
Item 8034
Approval
of Geomatrix Consultants for Environmental Assessment
and Planning Services/Eastview Campus
Dr. Mink introduced the item.
Executive
Session
The Austin Community College Board of Trustees recessed into
Executive Session at
Reconvene
The Board of Trustees of Austin Community College
reconvened in public session at
Agenda
Item 8034 (continued)
Approval
of Geomatrix Consultants for Environmental Assessment
and Planning Services/Eastview Campus
Trustees Rafael
Quintanilla moved and Jeffrey Richard seconded that:
MOTION: The Board of Trustees approve the contract
with Geomatrix Consultants for Environmental
Assessment and Planning Services for the Eastview
Campus with the proviso that if there were to be litigation between the State
of Texas and Austin Community College, Geomatrix
Consultants would recuse themselves from representing
in any capacity the State of Texas.
Trustee Jeffrey
Richard requested a Friendly Amendment:
FRIENDLY
AMENDMENT to the Motion to include: If
the College so chose, that Geomatrix Consultants
would serve as an Expert Witness on behalf of Austin Community College in such
matters of litigation.
Mr. Quintanilla
accepted the Friendly Amendment.
VOTE: The motion passed on a vote of 9-0.
FOR: Dr. Lillian Davis; Mr. John Hernandez, Mr.
Allen Kaplan; Ms. Nan McRaven, Dr. Barbara Mink; Mr.
Rafael Quintanilla; Mr. Jeffrey Richard; Ms. Veronica Rivera; and Dr. John
Worley.
Agenda
Item 8035
Recommendation
of CB Richard Ellis for Real Estate Services for
Dr. Mink introduced
the item and Mr. Ferrell provided information.
He introduced Mr. James Bagby of CB Richard
Ellis. Mr. Ferrell asked the Board to
consider approval of CB Richard Ellis as a real estate zoning expert to perform
time sensitive real estate services necessary at the
Mr. Ferrell
responded to questions from Trustees regarding zoning at the Riverside Campus,
real estate and zoning experts, the RFP process, and reporting on the
neighborhood planning council meetings.
This item will be included on the
Agenda Item 8036
Policy Review Discussion: A-4, Tuition Rates; A-5, Service-Area Responsibilities; B-2, Duties and
Responsibilities, Board of Trustees; B-3, Code of Ethics – Board of Trustees;
B-4, Board of Trustees Bylaws; B-5, Policy Development and Revision; B-6,
Monitoring Policy Compliance; B-7, Board Advisory Committees; C-4, Internal
Employee Associations; E-1, Master
Planning; E-2, Provision of College Facilities; E-4, Organizational Performance
Evaluation/Auditing; E-5, Review of Instructional Programs; E-6, Investments; F-1,
Equal Employment Opportunity; F-5, Employee Placement/Advancement; F-9,
Employee Benefits; F-10, Employee Compensation; G-1, College Budget; G-2,
Purchasing; G-3, Reimbursements; and G-7, Property Taxes.
Dr. Mink stated
that this item would be discussed at the March 21, 2005, Board Work Session and
that this item would be included for possible action by the Board at the April
4, 2005, Board meeting.
Adjournment
Having
no motion before the Board, the March 7, 2005, Regular Meeting of the Austin
Community College Board of Trustees was adjourned at
Approved By
Jeffrey
Richard, Secretary