MINUTES
Special
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, April 18, 2005, at 6:05 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 [arrived
at 6:15 p.m.]; Mr. Rafael Quintanilla; Ms. Veronica Rivera; and Dr. John Worley
[arrived at 6:10 p.m.].
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.
Matters
Related to Conduct of
Chair
Mink introduced the item and Ms. Linda Young, Special Assistant to the
President for Governmental and Community Relations, provided revised
information regarding the
Trustee Allen Kaplan moved and
Trustee Veronica Rivera seconded that:
MOTION: The Board of Trustees approve
the revised Joint Election Agreement Between the
The Motion passed on a vote of 7-0.
FOR; Dr. Lillian J. Davis, Mr. John F.
Hernandez, Mr. Allen H. Kaplan; Dr. Barbara P. Mink, Mr. Rafael Quintanilla,
Mr. Jeffrey Richard, Ms. And Veronica Rivera.
AGAINST: None.
ABSENT: Trustees
***********
JOINT
ELECTION AGREEMENT
BETWEEN
THE
THE CITY OF
AND
THE CITY OF
WHEREAS, the Manor Independent School District (“MISD”) the City of Austin, (“Austin”), the City of Jonestown (“Jonestown”), and Austin Community College (“ACC”), collectively referred to hereinafter as the “Participating Entities,” will each hold an election on May 7, 2005; and,
WHEREAS, Austin has entered into a separate agreement executed on March 21, 2003, with Travis County (the “County”) wherein the County will administer the City’s municipal elections occurring on the May uniform election date, including all precincts in Travis, Williamson, and Hays Counties as authorized under Chapter 31 of the Texas Election Code (“Election Services Agreement”); and
WHEREAS,
the County is contracting with Jonestown, MISD, and ACC to conduct and provide
election services for the election to be held on
WHEREAS, Austin, Jonestown, MISD, and ACC all desire to enter into a joint election agreement for the purpose of sharing election equipment, election officials, and sharing precinct polling locations and election ballots where appropriate;
NOW, THEREFORE, Austin, Jonestown, MISD, and ACC enter this Joint Election Agreement under the terms that follow.
I.
Scope of
Joint Election Agreement.
The Participating Entities enter
this Joint Election Agreement (“Agreement”) for the conduct of the elections to
be held on
II.
Appoint
Election Officer
The Participating Entities appoint
the Honorable Dana DeBeauvoir, Travis County Clerk,
to serve as the Election Officer for each Participating Entity in order to
perform and supervise the duties and responsibilities of the Election Officer
for the
III.
Early Voting
and Election Day
Early voting and election day voting shall be held in common precincts where appropriate at the dates, times, and locations recommended by the Election Officer and authorized and ordered by the governing body of each Participating Entity.
IV.
Joint
Election Costs; Adjustment of Costs in the Event of Cancellation of Election of
Other changes; Payment.
The estimated election expenses, including administrative costs and expenses for facilities, personnel, supplies, and training for each Participating Entity is as reflected in the cost estimate attached and incorporated as Exhibit 1. If a Participating Entity cancels its election, it shall be responsible only for its share of prorated expenses through the date of cancellation.
V.
Miscellaneous
Positions
1. This
Agreement becomes effective upon execution by all Participating Entities. The obligations of this Agreement will
continue as to each Participating Entity until each Participating Entity has
made full payment of its share of election costs under this Agreement and other
agreements related to
2. Notice under this Agreement must be in writing and may be affected by personal delivery or by certified mail to the Participating Entities at the following addresses:
Ms. Shirley Brown, City Clerk
City of
Linda Hambrick,
18649 FM 1431,
Ms. Barbara Turner
Manor ISD Administration
Ms. Linda Young
3. This Agreement may not be amended or modified except in writing executed by the Participating Entity.
4. The obligations under this Agreement are performable in Travis County, Texas.
5. Venue for any dispute arising under
this Agreement shall be in Austin, Travis County, Texas. This Agreement shall be governed by and
construed in accordance with the laws of the State of
6. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement; and the Participating Entities shall perform their obligations under this Agreement as expressed in the terms and provisions of this Agreement.
IN TESTIMONY WHEREOF, this Agreement is executed in duplicate on this ___ day of _________, 2005.
By:
By:
CITY OF
By:
CITY OF
By:
***********
Trustees Allen Kaplan moved and
Veronica Rivera seconded that:
MOTION: The Board of Trustees approve
the revised Order Authorizing Election Agreement and Designating Polling Places
for the
VOTE: The Motion passed on a vote of 7-0.
FOR; Dr. Lillian J. Davis, Mr. John F.
Hernandez, Mr. Allen H. Kaplan; Dr. Barbara P. Mink, Mr. Rafael Quintanilla,
Mr. Jeffrey Richard, Ms. And Veronica Rivera.
AGAINST: None.
ABSENT: Trustees
**********
ORDER
AUTHORIZING ELECTION AGREEMENT AND
DESIGNATING
POLLING PLACES
FOR
THE
Whereas, the Board of Trustees (the “Board”) of the Austin Community College District (the “District”) has called a special election for May 7, 2005 to expand the District’s boundaries to include that portion of the City of Austin that is not included within its boundaries; and
Whereas, the District is authorized to designate polling places for early voting and election day voting for this Election; and
Whereas, the District is further authorized to enter into election agreements with other political subdivision holding elections on the same day within the territory of the District for the convenience of the voters and to minimize the costs to the District for the conduction of such an Election;
IT IS THEREFORE, ORDERED BY THE
BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT THAT:
Section 1.
Polling Places.
The election day polling places for the
election for each of the respective precincts in Travis, Williamson and
Section 2.
Early Voting Polling Places and Times. The early voting polling places and times for
early voting are hereby designated in Exhibit B to this Order, which is
incorporated herein by reference for all purposes.
Section 3.
Election Agreements. The Board of the District hereby approves the
Joint Election Agreement with the City of
Section 4. Presiding Judges and Alternates. The Board hereby designates the presiding judges and alternate presiding judges appointed by the Travis County Clerk for the respective election precincts. The presiding judge at each precinct shall have authority to retain and deputize clerks for the conduct of the election in accordance with the directives established by the Travis County Clerk. for this election.
Section 5. Appointment of Agent for Board Secretary. The Board hereby appoints Linda Young as the Agent for the Secretary of the Board (“Agent”) for the election period pursuant to Section 31.123 of the Texas Election Code. The Agent shall maintain offices open for election duties for at least three hours each day, during regular office hours, on regular business days during the period designated in this section. The Agent shall post notice of the location and hours of their offices, as required by the Texas Election Code. The Agent shall maintain at their offices, the documents, records and other items relating to the election and shall be the person designated to receive documents that are required by the Election Code.
Section 6. Method of Election. The election shall be conducted utilizing the touch button eSlate electronic voting units.
Section 7. Authorization to Execute. The Chair of the Board is authorized to execute and the Secretary of the Board is authorized to attest this Order and the Joint Election Agreement approved herein 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.
PASSED AND APPROVED
__________________________________________
Barbara Mink, Chair, Board of Trustees
ATTEST:
_____________________________________
Jeffrey Richard, Secretary, Board of Trustees
Approval on First
and
Agenda Item
8054
Discussion and
Possible Decision on Process for Presidential Search or Appointment
Chair
Mink introduced the items and stated the Board would recess into Executive
Session.
Executive Session
The
Board of Trustees of Austin Community College recessed into Executive Session
at 6:10 p.m. on
Reconvene
The
Board of Trustees of Austin Community College reconvened in public session
pursuant to Texas Government Code 551 at
Approval on
First Reading: Amendment to the
Architect’s Contract for the South Austin Campus
Dr.
Mink introduced the item and Ben Ferrell, Vice President for Business Services,
and Bill Mullane, Interim Director of Facilities and
Construction, provided information regarding the proposed $425,000 increase in
the PageSutherlandPage’s architect contract for
redesign of the South Austin Campus.
They responded to questions from Trustees regarding the staff’s
recommendation and the possibility of any additional costs to Austin Community
College; justification for requesting Approval on First Reading; from where
would the additional $425,000 be funded.
Trustees Rafael Quintanilla moved
and Mr. Allen Kaplan seconded that:
MOTION: The Board of Trustees approve
the increase by $425,000 in the PageSutherlandPage’s
contract with the understanding that would cover all costs to date of the
two-phase redesign of the
Trustees John Worley moved and
Jeffrey Richard seconded that:
SUBSTITUTE MOTION: The Board of Trustees postpone action on this
item until the next Regular meeting on the ground that there would be harm in
waiting until that date and this delay would abide by the Board’s policy.
Trustees
discussed the Substitute Motion.
VOTE: The motion Substitute Motion passed on a vote
of 6-3.
FOR:
Dr. Lillian J. Davis, Mr. John F. Hernandez, Ms. Nan McRaven,
Dr. Barbara P. Mink, Mr. Jeffrey K. Richard, and Dr. John Worley.
AGAINST: Mr. Rafael Quintanilla, Mr. Allen H. Kaplan,
and Ms. Veronica Rivera.
Dr.
Mink stated that this item would be included on the agenda for the
Agenda Item
8054
Discussion and
Possible Decision on Process for Presidential Search or Appointment
Chair
Mink introduced the item and Trustees discussed the need for action on this
item to be delayed until the May 2, 2005, Board meeting in order to have an
open discussion on what the process would be and the possibility of appointment
and search options, discussion with the original search firm, and input from
the College associations, and external community.
Dr.
Mink stated this item would be included on the May 2 Board agenda. She encouraged input from the internal and
external groups during Citizen’s Communications at the
Having
no motion before the Board, the
Approved By
Jeffrey
K. Richard, Secretary