MINUTES

Work Session– Board of Trustees

April 18, 2005

 

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, April 18, 2005, at 7:41 p.m. in the Board Room (201) 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, Board 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; 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.

 

Items for Discussion/Possible Action

 

Agenda Item 8055

Overview of FY06 Master Plan and Budget Development Process

Dr. Mink introduced the item and Dr. Stephen B. Kinslow, ACC Interim President, stated the Austin Community College has an annual process to review and update its Master Plan, which guides resource allocation (development of the operating budget).  He provided information concerning the process for approval of the annual Master Plan revisions, and for development of the FY06 Budget.  The Board’s Annual Work Plan was reviewed as the path to review and discuss core elements of both the Master Plan and budget. Mr. Ben Ferrell, Vice President for Business Services, discussed the budget model.  Trustees discussed the need for additional information regarding class sizes/expenditures, anticipated growth, marketing funds, suggestions for lessening the cost of education; setting parameters; projections; prioritized listing from Master Plan; and expectations regarding information to be provided at May 2, 2005, Board meeting.  Dr. Kinslow stated that additional information the Master Plan and budget scenarios would be presented at the May 2 Board meeting.

 

Agenda Item 8056

Discussion of Proposed Revisions to Board Policies:  A-4, Tuition Rates; B-3, Code of Ethics – Board of Trustees; B-6 Monitoring Policy Compliance; F-5, Employee Placement/Advancement; F-10, Employee Compensation; G-2, Purchasing; and G-7, Property Taxes

Dr. Mink introduced the item and Trustee Allen Kaplan proposed that Board Policy G-7, Property Taxes, be removed from the revision process. 

 

Board Policy A-4, Tuition Rates

A-4. TUITION RATES

Value Statements

          The Board of Trustees values ACC’s role as the first point of access to higher education for many students.

          Consequently, the Board is committed to ACC’s tuition being the lowest among other local higher education institutions.

          Tuition is intended to cover the operational costs of the district which are not subsidized by State appropriations and local taxes.

          While tuition, like other operating costs will rise over time, ACC shall strive for minimal increases only when necessary to support the district’s operations,  and for these to be announced increases prior to the beginning of the next academic year, and to remain the lowest local tuition.

        [1] The tuition rates for in-district college-credit students shall be set by the Board. Except when the Board explicitly directs otherwise, tuition rates for other students shall be set by the President in accordance with this policy. To the extent feasible, general charges shall be assessed as tuition.

        [2] In order To maintain a tuition differential that is fair both to ACC taxpayers and to Texas-resident ACC students who live outside the taxing district, the credit-hour differential for such students shall reflect the local tax effort in support of in-district students. It shall thus be the ratio of annual property-tax revenues to annual in-district credit hours except that any year-to-year increase in the differential shall be no more than $3 per credit-hour (Trustee Worley recommends to keep).  While financial circumstances may necessitate consideration of tuition increases, the College will assist students in anticipating increases by generally approving them only once per year as part of development/approval of the next year’s annual operating budget. The President is authorized and encouraged to use any available method to lessen the impact of this tuition differential on economically-disadvantaged students.

        [2] In order To maintain a tuition differential that is fair both to ACC taxpayers and to Texas-resident ACC students who live outside the taxing district, the credit-hour differential for such students shall reflect the local tax effort in support of in-district students. It shall thus be the ratio of annual property-tax revenues to annual in-district credit hours except that any year-to-year increase in the differential shall be no more than $3 per credit-hour. (Trustee McRaven/administration recommend to delete). While financial circumstances may necessitate consideration of tuition increases, the College will assist students in anticipating increases by generally approving them only once per year as part of development/approval of the next year’s annual operating budget. The President is authorized and encouraged to use any available method to lessen the impact of this tuition differential on economically-disadvantaged students.

        [3] The further per-credit-hour differential in tuition rates for students who do not qualify as Texas residents shall be no less than the ratio of all revenues from state government to total credit hours by in-state students.

        [4] The President may adopt rules waiving all or part of the tuition and/or other charges for senior citizens or students enrolled under a joint-credit agreement with a school district, with an annual report to the Board on the nature and extent of such waivers.

        [5] The President shall set charges for non-credit and continuing-education classes that at least cover operational, indirect, and overhead costs, except where specific below-cost sectors have been approved by Board vote programs have been exempted from these criteria by Board approval.

 

Trustees discussed the proposed revisions and proposed additional changes for consideration at the May 2, 2005, Board meeting.

 

Board Policy B-3, Code of Ethics – Board of Trustees

 

B-3. CODE OF ETHICS - BOARD OF TRUSTEES

Value Statements

          The Board of Trustees supports the highest ethical standards in performing its duties.

          The Board of Trustees will model the recognized best practices associated with policy governance models.

          The governing board will be conscientious in following all Board policies and in maintaining a distinction between issues of governance and college operations.

A.  Standards of Conduct

The Austin Community College Board of Trustees endorses the following standards of conduct for individual ACC trustees:

        [1] To identify and disclose any actual or potential conflicts of interest, and to act at all times for the general public good, regardless of personal friendships, relations, or interests.   Although Texas law allows the election of a trustee who has a spousal or other familial relation with an employee of the college, neither such a trustee nor the employee related to him or her the trustee may take advantage of the relationship to obtain favorable consideration, to influence operational matters, or to gain access to information not available under the Texas Open Records Act.

        [2] To keep well-informed on board-related issues, and to attend and participate actively in meetings of the board and its committees.

        [3] To encourage and engage in open and honest discussion in making board decisions, to respect differences of opinion, and to keep an open mind until everyone has been heard from.

        [4] To respect the board's collective decision process, and to accurately report and explain board votes and policies.

        [5] To carefully avoid the assertion of board authority or preference as an individual trustee or in concert with other trustees, other than at official board meetings or as a result of official board actions.

        [6] Jeffrey Richard to provide.

        [7] To respect the authority and responsibilities of other people within the college or external contractors, empowering them to work without interference within the limits of board policy.

        [8] To maintain the confidentiality of privileged information, as outlined in the Texas Open Records and Meetings Act.

        [9] To refrain from any attempt to influence any operational decision, including but not limited to individual admissions, personnel, or purchasing decisions, except when the decision is an agenda topic at an official board meeting.  Specifically, Board members may not have any communications about a grievance with any person who has a grievance pending.

        [10] To be scrupulous in requesting only authorized, legitimate reimbursement of college-related expenses, following the same rules and guidelines required of Austin Community College employees for travel.

1.        [11] To interact with each other as well as employees, students, and other citizens in a manner that creates and sustains mutual respect.

2.       B. Code of Ethics

3.        The mechanisms for enforcement of the Code of Ethics will be:

4.        [1] Any person, with supporting information, may allege noncompliance with the Code to the Board Chair (or the Vice-Chair if the Chair is the target of the allegation).  The Board will be advised when any allegation has been raised.

5.        [2] The Chair or Vice-Chair will undertake a process to resolve the complaint.

6.        [3] If either the complainant or the Board member requests, the Chair will name an independent third party to investigate the complaint and report to the Board.

7.        [4] If the Board finds a violation of the Code, it will reprimand or censure the Board member, which is the only sanction available to it under Texas law.

 

Trustees discussed the proposed revisions and proposed additional changes for consideration at the May 2, 2005, Board meeting.

 

Board Policy B-6, Monitoring Policy Compliance

 

B-6. MONITORING POLICY COMPLIANCE

Value Statement

          The Board of Trustees intends for its policies to guide College operations and will monitor policy compliance.

         The Secretary of the Board shall oversee Board-level activity in monitoring compliance with Board policies and directives. This activity, which will complement but not replace the oversight responsibility of the College President, shall be done without reference to the personal opinion of the Secretary Board members about the value or correctness of the policies, and shall not extend to any aspect of College operations that is not covered by a current Board policy or resolution.

         The College administration shall provide information and assistance in this task as requested by the Secretary, subject to an appeal by the President to the Board if any such request is felt to be unreasonable.

         Other If any two trustees who have questions or concerns about a possible instance of non-compliance with policy, they should direct them to the Secretary Board Chair, who shall pursue them at his or her discretion and shall report to the Board on any aspects of college operations found, in his or her judgment, to be non-compliant. If the Secretary does not pursue an issue to the satisfaction of a trustee, the trustee may bring the question to must place the matter on the agenda of the next Board meeting .  The Board for a vote on whether or not it should be certified as an important monitoring issue. The Secretary shall give priority to and make reports on any issues that are thus identified by Board vote. then may certify the matter as an important monitoring issue.

         The President (or Board Chair, for Board activities) shall, for each non-compliance report from the Secretary, provide the Board either a compliance plan, a recommendation for policy modification, or an explanation of why the practice in question is seen as already being in compliance. If the Secretary any two trustees thereafter states in writing that he or she they continues to believe that the practice does not comply with Board policy, the question must be put on the Board agenda as soon as practicable for Board decision. If the Board finds that the practice is not in compliance, it will require the President to achieve compliance.

         Each fall, the President shall also provide the Board an annual schedule of planned routine and special-attention policy-compliance reports.

         Non-compliance reports by the Secretary are only advisory; authoritative Board directives to change college practices can come only from a public Board vote.

Trustees discussed the proposed revisions and proposed additional changes for consideration at the May 2, 2005, Board meeting.

 

F-5, Placement/Advancement

 

F-5. PLACEMENT/ADVANCEMENT

Value Statements

          The College values the education and professional experience which enables faculty and staff to meet the responsibilities of their positions.

          Education and experience levels will be recognized in the placement and advancement guidelines which are communicated to all employees.

[1] Faculty shall be placed in an experience step and educational level appropriate to their background. Thus the President shall ensure that placement/advancement guidelines are created establish rules so that faculty will receive:
                [a] One experience step of placement credit for each year of relevant full-time experience, with a limit of 10 steps at initial placement. The President may set Equivalent rules for part-time experience may also be established.
                [b] The level appropriate to their relevant educational background as specified on the salary scale. The President may set equivalence rules by which a portion of relevant non-teaching work experience may be counted as educational-level equivalent rather than as experience.

[2] Non-faculty permanent regular employees shall be placed, as shown in the staffing table, in a salary grade appropriate to their job responsibilities and in a salary step appropriate to their experience. Accordingly, for such employees:
                [a] Placement credit for each full-time-equivalent year of relevant previous experience above the minimum requirements for their current job shall be no less than one-half step and no more than one step, with a limit of 10 more than 12 steps; unless approved by the President.
                [b] Employees advance one step for each year of satisfactory performance, up to the top step of their grade.

[3] Board approval, preferably as part of the budget process, is required for changes in administrative rules on placement if they would change costs by more than $100,000/year.

Trustees discussed the proposed revisions.  The proposed revisions will be considered at the May 2, 2005, Board meeting.

 

Board Policy F-10, Employee Compensation

 

F-10. EMPLOYEE COMPENSATION
Value Statements

          Market competitive compensation for all employees is critical in attracting and retaining a quality workforce.

          Diligent compensation research is essential to ensure competitive salaries.

 

          Annual review of compensation administration provides the basis for decisions regarding classifications and salaries in the Master Plan and annual operating budget.

Principles:

        ACC intends to compensate employees so as to (1) attract and retain a workforce with sustained high effectiveness in meeting student learning needs, (2) act as an ethical and responsible employer, and (3) make efficient use of student and public higher-education expenditures. The President shall accordingly, consistent with fiscal constraints and meeting the College's other needs, develop plans and proposals to meet the following goals:

        [1] Provide employment primarily on stable professional terms with an adequate level of regular staff to achieve excellence goals. However, the College shall may use hourly, part-time, and temporary staffing when appropriate. to match variations in work load.

[2] Have all employees receive fair pay for their contributions to the College mission, with no employee paid less than the community-accepted level of a "living wage".

        [3] Provide a compensation package (including salary, and benefits, time off, stipends, and awards) that is market-competitive. Priority for increasing compensation shall be for those positions that are at 95% or less of the market average or any other compensation target included elsewhere in this policy or set by the Board.

        [4] For each type of position, the incumbents' compensation shall, on the average, be market-competitive with those at the primary institutions for which the College competes for employees.  Job content is the most important comparison point, but the size of the institution (i.e., its workforce) shall also be considered.  For adjunct faculty, the average ACC compensation shall be the average of the middle half of the distribution.  The primary relevant comparison markets shall be: for non-faculty staff and administrators, similar local, regional, or national positions, as appropriate for the position; for full-time faculty, nine-month averages of full time faculty with equivalent experience and education in Texas metropolitan community colleges; for adjunct faculty, lower-division classroom sections taught in the Austin metropolitan area by part-time faculty for other institutions of higher education. The administration may make reasonable estimates where needed to supplement published data.

OR

        [4] For each type of position, the incumbents' compensation shall, on the average, be market-competitive with those at the primary institutions for which the College competes for employees.  Job content is the most important comparison point, but the size of the institution (i.e., its workforce) shall also be considered.  For adjunct faculty, the average ACC compensation shall be the average of the middle half of the distribution.  The primary relevant comparison markets shall be: for non-faculty staff and administrators, similar local and regional positions, or national positions as appropriate for the position; for full-time faculty, nine-month averages of full time faculty, with equivalent experience and education in Texas metropolitan community colleges. for adjunct faculty, lower-division classroom sections taught in the Austin metropolitan area by part-time faculty for other institutions of higher education.   The administration may make reasonable estimates where needed to supplement published data.   

 Adjunct faculty shall be compensated on a percentage basis of the full-time faculty compensation scale.  The President shall establish a compensation administration program for adjunct faculty salaries including guidelines for administration.  (Trustee Barbara Mink)

OR

Adjunct faculty shall be compensated on a percentage basis of the full-time faculty compensation scale with equivalent years of experience, education and teaching responsibilities.  The President shall establish a compensation administration program for adjunct faculty salaries including guidelines for administration. 

        [5] Arrange workloads of employees so that there is an equitable and reasonable assignment of responsibilities generally based on objective factors. and provide appropriate extra compensation or release time to employees who are asked to work significantly more than normal or during vacation/holiday times. Incorporate sufficient flexibility in leave rules to allow tradeoffs between salary and time off, whenever appropriate given the work needed by the College.

        [6] Adjust pay scales annually to reflect cost-of-living changes (including inflation), with cost-of-living adjustments applied on the same basis to all pay scales. However, cost-of-living increases shall be adjusted appropriately to reflect the greater impact of inflation in the necessities on lower-income persons.

        [7] Provide salary ranges that reflect appropriate adjustments for changes in effectiveness due to applicable education/experience and completion of any mandatory professional development.

Decision Process:

        [8] Compensation rates and proposed changes in them are to be publicly announced and shall normally be implemented as part of the budget process. Compensation changes at other times shall be made only in cases of documented urgent need approved by the President, after informing the employee associations and considering their comments. Changes require specific Board approval if the action increases a person's compensation rate of an occupied position increased by 10% or more or if the cumulative unapproved changes to the budget during the year would exceed $10,000/month.

        [9] As part of the annual operating budget process, the President shall recommend proposed budget shall reflect the pay scales and stipends that, in his or her judgment, reflect the above principles to the extent feasible given other Board directives. Projections shall be provided with the planning/budget proposals of the funds needed for cost-of-living adjustment, market adjustments, changes in staffing levels, and the net cost of any experience increments. Board approval of pay scales and rules shall be based primarily on the extent to which the President's recommendation is consistent with the provisions of Board policy and planning directives.

OR

        The President may propose a budget which falls short of  meeting the goals of this policy.  The Board understands that revenues and expenditures may fluctuate annually.  Nevertheless, the President shall strive to allocate sufficient funds for market-level adjustments, cost-of-living increases, and experience adjustments. (Trustee Rafael Quintanilla)

        [10] When a budget falls short of meeting the goals of this policy, the budget shall allocate between 4% and 6% of projected annual revenues for professional development the budget shall reflect sufficient allocation for market-level adjustments, cost-of-living increases, and experience adjustments, stipends, and awards.  (Trustee Barbara Mink)

        [11] An appropriate relationship shall be maintained between the compensation packages of executives and senior administrators and the compensation for other classes of employees. Any compensation increase in excess of the average percentage increase for other employees for an employee serving as a College administrative officer requires specific Board approval.

Trustees discussed the proposed revisions and proposed additional changes for consideration at the May 2, 2005, Board meeting.

 

Board Policy G-2, Purchasing

G-2. PURCHASING

Value Statements

          Public funds will be expended in an efficient, effective manner.

          Goods and services needed by the College will be purchased in an efficient and effective manner.

 

A.  General Objectives

 

[1] To support the instructional mission of the College by procuring in a timely manner the specific equip­ment, services, and materials needed for effective College operations.

                [2] To secure work and materials at the best value for the College.

[3] To provide opportunities for individual vendors, contrac­tors, historically underutilized businesses, and small/local businesses to compete for College purchases/contracts in a fair and competitive environment, and to create an open process for procurement through competition.

                [4]  To Monitor and insure compliance with the terms and conditions of contracts – Trustee-Davis

 

B. Board Approval: The requirement for specific Board approval of vendor and price for purchasing, consulting, or contracting expenditures or commitments for related groups of items depends on the cost and on the extent of prior Board review. During any fiscal year, the stated limits apply to the aggregated expenditures with any single vendor. During  State Law and Board Policy Control

 

The procurement process will adhere to applicable state law, administrative rules, and Board Policy.  Purchasing and procurement shall be in accordance with state law requirements, including Subchapter B or Chapter 44 of the Texas Education Code, including the dollar amounts stated.  As provided in Subchapter B or Chapter 44, during any fiscal year, the stated limits apply to the aggregated expenditures with any single vendor.  When the aggregated expenditures to any single vendor would exceed the stated limits, specific Board approval for any new expenditure to that vendor is required. In addition, for multi-year purchases the stated limits apply to total costs.

[1] Expenditures costing less than $25,000 never require such approval.

[2] Expenditures costing over $100,000 always require such approval.

[3] Expenditures costing between $25,000 and $100,000 require such approval unless either:
[a] the Board has previously approved, after a public review period of a month or more, a budget or other written plan listing the items and their approximate cost, or
[b] the expenditure is primarily to repair or replace an existing capability that has been unexpectedly lost, or
[c] the expenditure

 

C.   Board Approval

 

Except for matters required to be authorized or approved by the Board under Subchapter B of Chapter 44 of the Texas Education Code or under Board Policy, the Board may, as appropriate, delegate its authority under Subchapter B of Chapter 44 regarding an action authorized or required to be taken by the College to a designated person, representative or committee.  In procuring construction services, the College shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in the addendum to the request. 

 

Except for an expenditure which State law requires that the Board must approve which may not be delegated, any contract for an expenditure of $250,000 (Staff) or less may be approved by the President of the College or his designee.  A contract requiring an expenditure of more than $250,000 (Staff) must first have Board approval unless the Board has previously approved, after a public review period of a month or more, a budget or other written plan list­ing the items and their approximate cost. 

 

D.  Emergency

 

In the event an expenditure is immediately necessary to repair or replace an existing capability that has been unexpectedly lost, or is immediately necessary to meet an emergency unforeseen catastrophe or emer­gency (i.e., a situation in which immediate action must be taken without Board approval to avoid harm to the College) and is the President may approve such expenditure, and such expenditure must be reported to the Board at its next meeting, or by written notification provided through the President.  In such an event, the requirements of Section 44.031 shall apply, unless the Board determines that the delay posed by the methods provided therein would prevent or substantially impair the conduct of classes or other essential school activities.  Upon such finding, contracts for the replacement or repair of the equipment or the part of the College facility may be made by methods other than those required by Section 44.031.

                For construction procurement services which require Board approval below $500,000, the administration shall provide a summary and evaluative judgments of vendor responses with a recommendation of a single vendor. Such items should be submitted to the Board early enough that it does not have to make its final decision at its first consideration of the item if it has unresolved questions or decides not to accept the administration's recommendation at the first meeting the item is on the agenda. In cases where the administration's recommendation is not accepted, consideration of alternatives shall occur at a subsequent meeting.

                For construction procurement services in excess of $500,000, a limited number of well-qualified vendors shall make presentations to the Board. The administration shall provide the Board with appropriate evaluative criteria or questions for use by the Board in the review process. The administration shall provide a summary of the proposals and provide

 

E.  Vendor Selection – Construction Procurement

 

In accordance with Subchapter B or Chapter 44 of the Texas Education Code, the Board in considering a construction contract utilizing a method specified by Section 44.031(a), Texas Education Code, must determine before advertising which method provides the best value for the College.   The College shall base its selection among offerors on criteria authorized to be used under Section 44.031(b).  The College shall publish the request for bids, proposals, or qualifications the criteria that will be used to evaluate the offerors and the relative weights given to the criteria. 

 

In procuring construction services, the College shall provide notice of the delegation and the limits of the delegation in the request for bids, proposals, or qualifications or in the addendum to the request.  Failure to provide such notice will result in a ranking, selection, or evaluation of bids, proposals, or qualifications for construction services advisory only and the Board shall then make the selection or determination in an open public meeting.

 

The College shall document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded. 

 

                [1] For construction procurement services which require Board approval in an aggregate amount of $500,000 or less, the administration shall provide a summary and evaluative judgments, including a ranking, of vendor responses with a recom­mendation of a single vendor.  Such items should be submitted to the Board early enough that it does not have to make its final decision at its first consideration of the item if it has unresolved questions or decides not to accept the administration's recommendation at the first meeting the item is on the agenda.  In cases where the administration's recommendation is not accepted, consideration of alternatives shall occur at a subsequent meeting. 

 

                [2] For construction procurement services in excess of an aggregate amount of $500,000, the administration shall review the vendor proposals and provide the Board with a ranking.   A limited number of the top-ranked vendors shall make presentations to the Board.  The administration shall provide the Board with the administrative staff rankings and appropriate evaluative criteria or questions for use by the Board in the final selection process.  The administration shall provide a summary of the proposals and an evaluative judgment  con­cerning strengths and weaknesses of these well-qualified vendors.

 

Proposed Change-Trustee Worley

 

            [1] For construction procurement services which require Board approval, the administration shall provide a summary and evaluative judgments, including a ranking, of vendor responses with a recom­mendation of a single vendor.  Such items should be submitted to the Board early enough that it does not have to make its final decision at its first consideration of the item if it has unresolved questions or decides not to accept the administration's recommendation at the first meeting the item is on the agenda.  In cases where the administration's recommendation is not accepted, consideration of alternatives shall occur at a subsequent meeting.  (Change eliminates language for approvals for construction greater than $500,000)

 

            [2] For construction procurement services in excess of an aggregate amount of $500,000, the administration shall review the vendor proposals and provide the Board with a ranking.   A limited number of the top-ranked vendors shall make presentations to the Board.  The administration shall provide the Board with the administrative staff rankings and appropriate evaluative criteria or questions for use by the Board in the final selection process.  The administration shall provide a summary of the proposals and an evaluative judgment concerning  strengths and weaknesses of these well-qualified vendors.

 

Proposed Change - Trustee Richard

 

This policy affirmatively expects the Administration to make a single recommendation to the Board for construction services greater than $500,000, while showing the ranking and/or evaluation of the limited number of well qualified vendors.

 

The Board shall generally assess the administration's  recom­mendation by whether it and the process leading to it are in accord with Board  Policy and the General Objectives set forth in Section A of this policy, giving due deference to the  administra­tion’s determination on whether a recommendation will meet General Objectives [1] and [2].

 

C.

F.   Reports 

 

The administration shall provide quarterly reports and produce annual summaries on purchasing activities. Such reports shall include:

 

                [1]  purchase orders and contracts summarized by vendor (detail listing for orders and contracts greater than $25,000) awarded to official, certified HUBs and also by other historically underutilized businesses to the extent possible;

                [2]  purchase orders and contracts summarized by vendor (detail listing for orders and contracts greater than $25,000) awarded to local vendors;

                [3] state contract and state catalog purchases made summarized by vendor;

                [4] all contracts over $10,000; and

                [5] an explanation of consulting fees in excess of $5,000 to a single vendor in a fiscal year.

                [6] a listing of any expenditures directly for administrative officers that exceed $5,000 or are unusual.

D

G. Responsible Contracting Practices

 

                [1] In all purchasing and contracting decisions, employees shall make diligent efforts to include historically-underutilized-business (HUB) vendors and shall, where practicable, avoid practices that tend to exclude HUB vendors. ACC The College shall develop, maintain, and enhance the participation of minority-owned and women-owned firms in all phases of its procurement processes, supporting their efforts to compete for College business.

 

                [2] The College shall encourage all vendors, suppliers,  contract­ors, and professionals with whom it does business to support the common goal of equal opportunity and economic participation for all citizens.  In the expenditure of College funds, neither the College nor its contractors and suppliers shall discriminate on the basis of sex, race, color, creed, religion, national origin, age, or sexual orientation, or on the basis of disabilities that do not significantly affect the quality of work.

 

                [3] In deciding which functions to accomplish via external contractors, the administration shall take care not to support patterns of employment that fail to meet community compensation standards.

 

                [4] Contracts shall be reopened on an equal basis to all qualified vendors at least once every five years (or on completion for contracts longer than five years).

E.

G.  Routine Real Estate Items

 

The President is authorized, without further authorization by the Board, to approve, and sign on behalf of the College, easements, covenants, restrictions, waivers, and other agreements regarding real property owned or leased by the College, provided they are minor in nature and reported promptly to the Board.  This authorization does not extend to the purchase or sale of real property.

 

Trustee Rivera – Language regarding chair signing deeds?  .. if approved by general counsel as minor in nature (some covenants and restrictions are not minor in nature.

 

Proposed Change – Trustee Richard

 

New Section F: Non-Routine or Significant Real Estate Matters

 

The Administration shall develop a process for site selection for new College facilities to include any principles it deems necessary, in accordance with applicable laws and regulations, so long as the principles contain at least the following components:

 

1.             Identifying at least three (3) viable site options per decision for Board consideration, and providing a cost/benefit analysis for each option

 

2.             Providing Financial calculations for:

                A.            Cost of Construction;

                B.            Cost of Maintenance & Operations of Each Option over 10 Year Period;

3.             Providing a staff analysis of:

A.            Current transportation linkages (streets, roads, bus service related to each site); and

B.            Any new transportation requirements that would be recommended if the Board should choose a particular site;

C.            What entity or entities would be expected to pay for any improvements (City, County,  State, Developer(s), etc.);

4.             Conducting an analysis of support services & geographic proximity, including:

                A.            Residential capacity (apartment & single-family)

                B.            Retail-food services, bookstores, groceries, etc.);

5.             Conducting an analysis of City/County utility connections – both current and planned water, wastewater, telephone, cellular and cable connections;

6.             Conducting an analysis of demographic trends;

7.             Providing Financing Options, including:

A.            A discussion of at least two options on how to pay for the costs;

B.            A discussion of which option the staff recommends for Board approval

 

Rationale:  Having three alternatives for Board consideration for major purchases is consistent in form at least to what is presented to the Board for relatively minor purchases – and we should do no less for multi-million dollar, multi-year decisions.

 

The Administration shall develop a process for Renovation or Refurbishment of Existing College Facilities, and, prior to the renovation, refurbishment or redesign, shall include in its process any principles it deems necessary, in accordance with applicable laws and regulations, so long as the principles contain at least the following components:

 

1         Estimating the cost for, and performing, a Stage I Environmental Impact Statement;

 

2.       Estimating the cost for, evaluating and making a recommendation to the Board as to whether the College should perform a Stage II Environmental Impact Statement on the property or properties in question, understanding that a presumption in favor of a more through reviews exists unless the Administration makes a clear and compelling case otherwise; and

3.     Asking city, county and other applicable authorities in advance, and in official  correspondence, whether all requisite permits have been issued and approvals given.

4.     Within a Redesign Process for an academic building for use by students, the Administration should attempt to include planning to place a bookstore physically on a campus, employing an analysis for  the cost versus benefit of using space for non-instructional purposes, as compared to potential incremental revenue and student-and faculty-convenience from physically collocated bookstores.

 

5.     Within a Redesign Process for an academic building for use by students, the Administration should attempt to include planning to place food services physically on a campus, employing an analysis of the cost versus benefit of using space for non-instructional purposes, as compared to potential incremental revenue and student-and-faculty-convenience from physically collocated food concessions.

 

Rational: First, we need to make a strong presumption that this Board expects for every environmental contingency or test that can be undertaken is done prior to the commitment of significant resources, second, regarding bookstores and food service, we continually need to try to make learning and working at ACC convenient, and redesign/refurbishment projects provide a natural, systematic stopping point for those evaluations to occur periodically.

 

Trustees discussed the proposed revisions and proposed additional changes for consideration at the May 2, 2005, Board meeting.

 

Board Policy G-7, Property Taxes

G-7. PROPERTY TAXES

Value Statements

          The College recognizes that an adequate tax base and tax rate are critical factors which impact the College’s tuition rate.

The College President, as the Chief Executive Officer, shall use the following principles in planning and budgeting for local property tax rates:

[1] To maintain a fair balance between financial support from taxes and from tuition, the rate shall be that which makes the fraction of revenues derived from taxes approximately match the average for Texas metropolitan-area community colleges, or a lower rate as needed to stay under the level which would require a tax election or keep the annual increase from exceeding one cent per $100 (or two cents per $100 if there has been no increase in the previous two years).

 [2] The homestead exemption for the Austin Community College District shall be could be the greater lesser of $5000 or 1% of the assessed individual-property value.

[3] The additional homestead exemption for elderly or disabled shall be $75,000.

The Austin Community College Board of Trustees adopted this policy on April 7, 1997 and amended it on October 4, 1999.

Trustees reviewed the proposed changes and requested additional information at the May 2, 2005, Board meeting.

 

Announcements

The audience was invited to attend:

·        Art Cory, Travis County Tax Appraiser, would speak at the Metropolitan Breakfast Club on Wednesday, April 20.

·        An Art Festival to be held on Thursday, April 21, 7:00 p.m., at the Rio Grande Campus.

·        Pecos Bill Awards would be presented on April 29, 6 p.m., at Scholz’.

·        Education issues before the Legislature would be discussed on Friday, April 29, 7:30 p.m., at the Region 13 Education Service Center, Austin.

 

Adjournment

Having no motion before the Board, the April 18, 2005, Work Session of the Austin Community College Board of Trustees was adjourned at 8:50 p.m.

 

Approved By          

Jeffrey Richard, Secretary