MINUTES

Second Public Hearing and Regular Meeting – Board of Trustees

September 6, 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 Tuesday, September 6, 2005, at 6:01 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; Dr. Lillian J. Davis; Mr. Allen H. Kaplan; Ms. Nan McRaven; Ms. Veronica Rivera; and Dr. John Worley. Trustees Rafael Quintanilla and Jeffrey Richard were absent from the meeting.

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.

2^nd Public Hearing on 2005 Tax Rate for Austin Community College

Dr. Barbara Mink, Board Chair, opened the Second Public Hearing and stated that the first Public Hearing was held on Thursday, August 25, 2005. She announced that this was the second of two public hearings on the Board of Trustees’ proposal to set the 2005 Tax Rate for Austin Community College at $0.0991 ($0.0900 for Maintenance and Operation and $0.0091 for Interest and Sinking). Dr. Mink announced that the Board of Trustees was scheduled to vote on the tax rate at a public meeting to be held at 6:00 p.m. on Monday, September 19, 2005, at the Highland Business Center, 5930 Middle Fiskville Road, Austin, Texas.

Dr. Mink stated that no one had registered to speak at the Public Hearing; therefore, the Hearing was closed at 6:04 p.m.

Recognitions

· Ms. Gerry Tucker, Associate Vice President, introduced two new employees:

· Mr. Kenneth Hoffman, Environmental Health Coordinator, Facilities and Operations

· Mr. Robert Rogers, Risk Manager, Facilities and Operations

· Report on Achievements and Recognitions – Ms. Soon Merz, Associate Vice President, presented the Kudos Report and called attention to recent awards/recognitions received by faculty/programs, staff, students, and Austin Community College.

· Year In Review – Phi Theta Kappa – Ms. Mary Kohls, Chapter Sponsor and ACC Instructor spoke regarding the establishment of a yearly scholarship in memory of Walter Cooper, ACC Instructor. She introduced ACC Chapter President Ms. Louise Pedigrew and Mr. Arthur Vargas, President of the International Chapter of Phi Theta Kappa. Mr. Vargas provided information regarding Chapter activities during the last year. Trustees congratulated Mr. Vargas for his having been elected President of the International Chapter.

Citizens Communication

· Mr. Wayne Gronquist, citizen, spoke regarding zoning of the ACC Riverside Golf Course.

· Ms. Barb Cox, citizen, spoke regarding zoning of the ACC Riverside Golf Course.

· Mr. Tim Mahoney, citizen, spoke regarding zoning of the ACC Riverside Golf Course.

· Mr. Mark Goodrich, ACC employee, spoke regarding the Rio Grande Campus.

· Mr. John Breed, ACC employee, spoke regarding activities in support of the ACC Juvenile Diabetes Research Foundation.

· Mr. Charles Maddox, Vice President, ACC Student Government Association, spoke regarding zoning of ACC Riverside Golf Course.

· Mr. John Kennie, ACC employee, advised that Ms. Gina Grochow would be leaving the College and Mr. John Breed would temporarily assume the Board’s video recording duties.

· Ms. Helen Varhj, citizen, spoke regarding zoning of the ACC Riverside Golf Course.

· Gayle Goff, citizen, spoke regarding zoning of the Riverside Golf Course.

Reports from Associations

· Adjunct Faculty Association – Mr. John Herndon, President, expressed appreciation to the Board for the final installment of the three-year plan for market adjustments for compensation and for the change in titles for adjuncts; advised that he would remain as Association President; Ms. Mary Gilmer was elected Vice President/President-Elect. Mr. Jim Nelson, Secretary-Treasurer, was introduced. Mr. Herndon provided information regarding activities of the Association.

· Classified Employees Association – Mr. Tobin Wiegand, President, stated that he looked forward to working with all administrators and Trustees during the coming year; introduced Ms. Kathy Judge, President-Elect of the Association; and advised that students who were displaced by Hurricane Katrina had begun arriving at Austin Community College.

· Full-Time Faculty Senate – Dr. Allan Purcell, President, introduced the recently elected Senate officers: Ms. Linda Welch, President-Elect; Mr. Larry Willoughby, Treasurer; Ms. Julie Wauchope, Secretary; and Dr. Mariano Diaz-Mirando, Parliamentarian.

· Mr. Jerry North, President, was absent from the meeting. Dr. Mink introduced newly elected officers: Ms. Judy Van Cleve, President-Elect, and Ms. Shari Rodriguez, Secretary-Treasurer.

· Student Government Association – Mr. Charles Maddox, Vice President, provided information regarding Association events and activities.

President’s Administrative Report

Dr. Stephen B. Kinslow, College President, reported that the College would participate in a Red Cross drive for the individuals affected by Hurricane Katrina; the Fall enrollment for ACC was 31,799 students, which was the highest in the history of the College; the headcount was up by 5.6%, credit course enrollment was up 6%, and contract hours were up by 5.3% from last year. Dr. Kinslow called attention to the Student Success Posters displayed at all campuses; and distributed a packet of information from Library Services.

Reports to the Board

· Monthly Construction Update – Mr. Bill Mullane, Director of Facilities and Construction, provided an update on current construction and renovation projects including a Major Facilities Projects Summary, including:

§ Eastview Campus – Health Sciences Building ($15,450,000) – The project is complete except for a few items of furnishings and equipment. The parking lot is complete.

§ Eastview Campus - Environmental Work – Work was continuing pursuant to State and City of Austin initiated reviews of former landfill sites.

§ South Austin Campus ($21,500) - Construction continues and the first classes should be scheduled for Fall 2006.

§ Cypress Creek Expansion ($25,000,000) – The architects would complete the Construction Document Phase in September. A Guaranteed Maximum Price of

$16, 473,637 was established; construction site improvements began in August; temporary shuttle services were in operation; construction of the new classroom building would begin in November 2005, with completion in Spring 2007; and renovation of the existing building would occur during the Spring 2007.

§ Northridge Campus Parking Lot ($580,000) – Construction of the 156 additional parking spaces was completed and in use.

§ Pinnacle Parking Lot ($650,000) – Funding for an additional parking lot at the Pinnacle Campus was originally part of a proposed agreement with a developer adjacent to the Campus. The developer would construct a parking lot on the land and sell it to ACC in return for an easement allowing access to and from Highway 290 through a Pinnacle driveway. Staff renewed discussions with the developer and ascertained that the developer’s current schedule for the project which would include this parking lot indicates that it is unlikely that the project will have an approved site plan before Summer 2006. Staff is working with other entities to explore other options for offsite parking.

§ Status of Expansion of US 290 at Oak Hill – This project includes construction of frontage roads and main lanes of US 290 from the existing end of the expressway at Joe Tanner Road to approximately El Rey Boulevard. This would include an intersection with Texas 71 at the “Y”, and would extend past the driveway to the Pinnacle Campus and RM1826. The main lanes of US 290 will be continuous at all intersections via grade separation. The Texas Department of Transportation anticipates approving a contract for construction of this segment in Fall 2005. The construction period is expected to be approximately three years. Construction of frontage roads would precede construction of the main lanes. Staff continues to monitor the development of land use plans as well as transportation plans in the Oak Hill area.

§ Rio Grande Campus ($33,950,000) – The Campus was purchased from Austin Independent School District in April 2004 for $4.75 million. The feasibility study is nearing completion using the various scenarios provided to the architects by ACC. These scenarios include the construction of the parking garage and offices for faculty, as well as options on how best to use the $11 million designated for program and renovation projects. In addition, internal and external focus groups were held to gather input for future planning at the Campus. Negotiations with the City of Austin and AISD on joint use of the land upon which the $15 million parking garage would be located are in progress. The negotiations were proceeding with no major obstacles to date, and a proposed agreement for Board review is expected in Fall 2005.

§ San Marcos/Hays County – A feasibility study commissioned to study the donation of land pursuant to a possible annexation of San Marcos ISD was completed. The work was performed by Graeber, Simmons, and Cowan. ACC Counsel was finalizing the agreement with the developer.

§ Riverside Zoning – The City of Austin is pursuing a planning process in the area surrounding the Riverside Campus. The City recommended originally that the area be re-zoned “P” for public use. ACC believes that this is not in ACC’s best interest due to the potential for substantially increased costs to develop the Campus and impairment of asset values. ACC Counsel drafted a response in December 2004 to the City’s original survey requesting that ACC zoning be left as is until ACC had time to study the matter and conduct master planning for the College. The City staff is now recommending General Office (GO) zoning for the campus which is considered more appropriate zoning for ACC, and consistent with other institutions of higher education in the city. Neighborhood groups still support “P” zoning, with the golf course use to remain in perpetuity. Staff continues to work with the City and neighborhood groups on this matter.

§ Riverside Renovations – Student service and other renovations are being reviewed for feasibility and budgetary considerations.

§ Northridge Student Service Renovations – Planning for the Student Service renovations were referred to the architect/engineers in early July. In order to renovate this space without interrupting operation of Student Services, the renovations will occur in five phases, and last approximately one year overall. Construction of the first phase is scheduled to begin in September 2005.

§ Facilities Master Plan – Eleven planning firms responded to the College’s Request for Proposals (RFP). A selection committee representative of the College was formed, and evaluations of the proposals completed in June. Five finalists were interviewed in July, and one team was recommended for selection. After the selection of a planning firm, the project should take a year to eighteen months.

· District-Wide Renovations – The following work is included in the category of District-Wide Renovations of the 2003 General Obligation bond package:

· Parking Study:(Completed) – $76,875

· Parking Study--Part 2 (Completed) - $20,000

· Parking Study--Part 3 (Completed) - $925

· Facilities Audit (Completed) - $140,050

· Facilities Audit--Impact. & E-Manual (In progress) $97,620

· Riverside Campus Tennis Courts (Completed) - $55,381

· Rio Grande Campus Access Ramp (Completed) - $43,320

· Replace Transfer Switches at Pinnacle Campus (Completed) - $44,006

· Service Center Maintenance Shop (Completed) - $202,398

· Equipment for DW Cooling Towers (Completed) $34,262

· Highland Business Center, Third Floor Breakroom (Completed) - $14,323

· Riverside Student Services Renovations (Evaluation in progress) - $1,300,000

· Northridge Student Services Renovations (Construction to begin in September) - $1,000,000

· Unallocated DW Renovations - $141,839

Total: $3,170,000

Mr. Mullane responded to questions from Trustees.

Monthly Financial Report –July 2005 – Mr. Ben Ferrell provided information concerning the July 2005 Financial Report. He stated Summer 2005 enrollments were complete and there was 0% growth compared to Summer 2004, and based on current information, the College’s budget was on track and projecting approximately $300,000 revenues over expenses.

Revenues – Total revenue was projected at approximately $129.6 million, or $.08 million below original projections.

Expenses – Total expenses were projected at $1.1 million under budget.

Summary – In summary, revenues were under budget by $0.8 million and expenses were under budget by $1.1 million; therefore Net Revenues over Expenses projected a surplus of about $300,000. Cash balances were in line at approximately $100 million, including $72 million in bond proceeds.

Consent Agenda

Chair Mink introduced the Consent Agenda:

Agenda Item 8108

Proposed Approval of Minutes of the August 1, 2005, Regular Meeting; August 12-13, 2005, Retreat; and August 25, 2005, Public Hearing of the Austin Community College Board of Trustees

Recommendation: That the Board of Trustees approve the minutes as presented.

Agenda Item 8109

Approval to Convert Two Associate Vice Presidents to Vice Presidents Positions

Recommendation: That the Board of Trustees approve the Administration’s request to convert two Associate Vice President positions to Vice Presidents as a part of the August 1, 2005, district-level reorganization.

Trustees Nan McRaven moved and Lillian Davis seconded that:

MOTION: The Board of Trustees approve Agenda Item 8108, Minutes of the August 1, 2005, Regular Meeting; August 12-13, 2005, Retreat, and August 15, 2005, Public Hearing of the Austin Community College Board of Trustees; and Agenda Item 8109, Approval to Convert Two Associate Vice Presidents to Vice Presidents, as presented.

The motion passed on a vote of 7-0.

FOR: Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Veronica Rivera, and John Worley.

AGAINST: None.

ABSENT: Trustees Rafael Quintanilla and Jeffrey Richard. Nan McRaven moved and Lillian Davis seconded that:

Discussion/Possible Action:

Old Business:

Agenda Item 8110

Consideration of Fiscal Year 2006 Board Calendar/Work Plan; Policy Compliance Reports, and Board/Community Linkages

Dr. Mink introduced the item and Dr. Kinslow provided information concerning the proposed Board Calendar and Work Plan and noted that compliance reports required by Board policies were included. He stated that possible Board forums were listed with possible dates. Dr. Kinslow advised that the Speaker’s Bureau would be established as in the past.

Trustees suggested that several items be included in the Work Plan. Dr. Kinslow stated that the suggestions would be included.

Agenda Item 8111

Proposed Approval of Revision to Item 6 in Fiscal Resources Recommendation for the Austin Community College Master Plan: FY2006-2008

Dr. Mink introduced the item and Trustees discussed the need for the Board to discuss out-of-district tuition and the tuition policy differential. Trustee Davis requested a discussion of the former report on marginal cost.

This item will be included on a future agenda.

Agenda Item 8112

Approval of Proposed Move of ACC Fire Academy from Taylor to Pflugerville

Dr. Mink introduced the item.

Mr. Midgley, Vice President, provided information concerning the proposed move from the current location in Taylor to Pflugerville effective Fall 2006. The goals for the proposed move would:

· Locate the regional Academy within ACC’s service area;

· Allow an expansion of the program, and address high-demand/turn-aways;

· Consolidate the activities in one location (space is currently leased by ACC at the Pflugerville Fire Burn Training facility for all live fire burns);

· Eliminate the need for dormitories;

· Provide instructional space to add related Continuing Education and credit classes; and

· Not prevent ACC from collaborating with Austin Fire Department, but would be complementary to those activities.

It was anticipated that the proposed move would result in a reduction of the net annual cost of operations in the amount of $57,948.

Mr. Midgley stated that two additional meetings were held with representatives from the City of Austin and Austin Fire Department following discussion of this item at an earlier Board meeting. He stated the discussions were productive and, at a July meeting, the Fire Protection Technology Advisory voted their support for the proposed move. Mr. Midgley advised that the Advisory Committee has representation at the Chief or Assistant Chief level from Austin and five other districts.

Trustees Allen Kaplan moved John Worley seconded that:

MOTION: The Board of Trustees approve the move of Austin Community College’s Fire Academy from its current location in Taylor to Pflugerville effective Fall 2006.

VOTE: The motion passed on a vote of 7-0.

FOR: Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Veronica Rivera, and John Worley.

AGAINST: None.

ABSENT: Trustees Rafael Quintanilla and Jeffrey Richard.

Agenda Item 8113

Priorities for College President

Dr. Mink introduced the item and called attention to the goals for the President as approved by the Board in March 2005, and goals proposed by President Kinslow following discussion at the August 12-13, 2005, Board Retreat. She stated that this item was presented for discussion by the Board. Trustees discussed the Work Plan and recommended several changes to the Plan.

Agenda Item 8114

Selection of a Vendor for Facilities Master Planning

Dr. Mink introduced the item and stated this item was discussed by the Board at a previous meeting and staff ratings were included with the current item. Mr. Ferrell stated a “not to exceed” figure was added in the amount of $300,000 since the last discussion and information was provided defining the scope. Dr. Kinslow and Ben Ferrell responded to questions from Trustees.

Trustees Nan McRaven moved Lillian Davis seconded that:

MOTION: The Board of Trustees approve the selection of the firm Sasaki Associates, In., to provide regional facilities master planning services.

VOTE: The motion passed on a vote of 7-0.

FOR: Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Veronica Rivera, and John Worley.

AGAINST: None.

ABSENT: Trustees Rafael Quintanilla and Jeffrey Richard.

Agenda Item 8115

Discussion of Naming of Institution and Its Resources Policy

and

Agenda Item 8116

Discussion of Public Recognition Policy

Dr. Mink introduced these items and advised that most other institutions have naming policies. Dr. Kinslow prepared information from other institutions regarding naming. Trustees were asked to review the information provided and submit suggestions.

These items will be included on a future agenda.

Agenda Item 8117

Discussion of Riverside Campus Zoning

and

Agenda Item 8118

Discussion of Possible Acquisition of Property in Vicinity of Cypress Creek Campus

and

Agenda Item 8119

First Reading and Emergency Adoption: In-State Tuition Rate for Victims of Hurricane Katrina

Dr. Mink introduced the items and stated that these items would be discussed with the College Legal Counsel in Executive Session.

Executive Session

The Board of Trustees of Austin Community College recessed into Executive Session at 7:55 p.m. on Tuesday, September 6, 2005, to consult with Legal Counsel regarding Agenda Items 8117, 8118, and 8119 pursuant to Texas Government Code 551.

Trustee Nan McRaven left the meeting at 8:44 p.m.]

Reconvene

The Board of Trustees of Austin Community College reconvened in public session at 8:44 p.m. on Tuesday, September 6, 2005, pursuant to Texas Government Code 551.

Agenda Item 8117

Discussion of Riverside Campus Zoning

Dr. Mink stated that a discussion was held with Legal Counsel and no action was taken.

Agenda Item 8118

Discussion of Possible Acquisition of Property in Vicinity of Cypress Creek Campus

Dr. Mink introduced the item.

Trustees Veronica Rivera moved Allen Kaplan seconded that:

MOTION: The Board of Trustees direct staff to enter into negotiations on possible acquisition of the property located in the vicinity of the Cypress Creek Campus with a possible decision to be made by the Board when this item is brought back.

Dr. Lillian Davis requested a Friendly Amendment:

FRIENDLY AMENDMENT: The Board of Trustees direct the staff to explore options enter into negotiations on possible acquisition of the property located in the vicinity of the Cypress Creek Campus with a possible decision to be made by the Board when this item is brought back.

Ms. Rivera accepted the Friendly Amendment

VOTE: The motion, as amended, passed on a vote of 7-0.

FOR: Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Veronica Rivera, and John Worley.

AGAINST: None.

ABSENT: Trustees Rafael Quintanilla and Jeffrey Richard.

Agenda Item 8119

First Reading and Emergency Adoption: In-State Tuition Rate for Victims of Hurricane Katrina

Dr. Mink introduced the item.

Trustees Allen Kaplan moved Lillian Davis seconded that:

MOTION: The Board of Trustees grant the in-state tuition rate to students who may transfer to Austin Community College as a result of Hurricane Katrina.

VOTE: The motion passed on a vote of 7-0.

FOR: Lillian J. Davis, John F. Hernandez, Allen H. Kaplan, Nan McRaven, Barbara P. Mink, Veronica Rivera, and John Worley.

AGAINST: None.

ABSENT: Trustees Rafael Quintanilla and Jeffrey Richard.

Announcements

Dr. Mink stated that she, Dr. Kinslow, Mr. Kaplan, and Ms. Rivera would travel to Seattle, Washington, on September 7, 2005, to participate in and present information at the Annual Leadership Congress of the Association of Community College Trustees.

Adjournment

Having no motion before the Board, the September 6, 2005, Regular Meeting of the Austin Community College Board of Trustees was adjourned at 8:46 p.m.

Approved By

Jeffrey Richard, Board Secretary