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, January 23, 2006, at 6:00 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 6:05 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
·
New Employees – There were no new employees.
·
Report on Achievements and Recognitions – Mr. Bill
Carter, Associate Vice President for Information Technology, presented the
Kudos Report and called attention to recent awards/recognitions received by
faculty/programs, staff, students, and
Citizens
Communication
·
Ms. Lucille Turner, citizen, spoke regarding a freeze on the homestead
tax for the elderly and disabled.
·
Mr. Dave Shaw, Austin Public Library Foundation, spoke regarding new
central library for
·
Mr. Albert Sierra,
Reports from
Associations
·
Adjunct Faculty Association – Mary Gilmer, Vice President, spoke
regarding Servant Leadership and Student Success, and association activities.
·
Classified Employees Association – Mr. Tobin Wiegand,
President, expressed appreciation for the Classification and Compensation Study
and spoke regarding parking at the Northridge Campus, renovations, and
association activities.
·
Full-Time Faculty Senate – Mr. Al Purcell, President, invited Trustees
to attend association meetings and spoke regarding faculty advising and program
review.
·
Association of Professional-Technical Employees – Mr. Jerry
North, President, spoke regarding association activities and invited Trustees
to attend meetings of the association including a February 3 luncheon meeting.
·
Student Government Association – No report was presented.
President’s Administrative Report
Dr. Stephen B. Kinslow, College President, stated the current headcount
for Spring 2006 for the College was 29,673 which
represented a 2.5 percent increase in unduplicated headcount and a 2.8% increase
in contact hours. He advised that the
official reporting date would be the twelfth class day.
Reports
to the Board
·
Monthly Construction Update – Mr. Bill Mullane, Director of Facilities and Construction, highlighted current
construction and renovation projects and responded to questions from Trustees regarding
the Rio Grande Campus and San Marcos/Hays County.
·
Financial Report – November 2005 – Mr. Ben
Ferrell, Vice President for Business Services, stated that the College’s budget was on tract and projecting
approximately $600,000 increase in Unrestricted Net Assets, and a $40,000
increase in Total Assets. Total Revenue
was projected at approximately $142.9 million or $1.1 million over original
projects due to increases in enrollment.
Total expenses were projected at $142.3 million or about $0.5 million
over budget. Cash and Investments were
in line at approximately $91 million, including $70 million in bond proceeds. He responded to questions from Trustees
regarding waivers.
·
South Austin Campus Advisory Committee Report – Ms. Guadalupe
Sosa expressed appreciation to Trustee Rivera for information. Ms. Sosa spoke regarding the new campus,
additional information desired, committee replacements, and campus planning and
reporting.
CONSENT
AGENDA
Chair Mink
introduced the Consent Agenda.
Agenda
Item 8163
Proposed
Approval of Minutes of the
Trustees
Jeffrey Richard moved and
MOTION: The Board of Trustees approve the minutes of
the
VOTE: The motion
passed on a vote of 9-0.
FOR: Lillian J.
Davis, John F. Hernandez, Allen Kaplan,
AGAINST: None.
Discussion/Possible Action:
Old Business:
Agenda
Item 8164
Certification
of Voter Petitions for Annexation of
Consolidated
Dr. Mink introduced the item and Ms. Linda
Young, Special Assistant to the President for Governmental and Community
Relations, presented and read the signed, notarized affidavit and presented,
for review, the actual, verified signature petitions collected by citizens of
the San Marcos Consolidated Independent School District for an annexation
election in the service area of the San Marcos Consolidated Independent School
District. The required number of
registered voter signatures was determined by a percentage (5 percent) of the
number of voters registered throughout the
Trustees
Lillian Davis moved and Jeffrey Richard seconded that:
MOTION: The
FRIENDLY
AMENDMENT: Trustee Veronica Rivera
requested that Section 3 be changed from “Order” to “Resolution” and that
Section 8, Authorization to Execute, be changed from “President” to “Chair of
the Board”.
Trustees
Lillian Davis and Jeffrey Richard accepted the Friendly Amendment.
Trustees
discussed the Friendly Amendment to Section 8 with College Legal Counsel Myra
McDaniel and it was determined that Section 8 should remain as originally
provided to read “President of the Board” and the signature line also show “President
of the Board.
Trustee
Lillian Davis read the Resolution into the record.
VOTE: The motion
passed on a unanimous vote of 9-0.
FOR: Lillian J.
Davis, John F. Hernandez, Allen Kaplan,
AGAINST: None.
* * * * *
A RESOLUTION CERTIFYING THE VOTER
PETITION FOR THE ANNEXATION OF
THE STATE OF
§
§
On this the 23rd day of January, 2006, the Board of Trustees (the “Board”) of the Austin Community College District (“ACC”) convened in regular session, open to the public at the ACC District Administrative Offices, 5930 Middle Fiskville Road, Austin, Texas, with a quorum present, and among other proceedings had by said Board was the following:
WHEREAS the
Board received a voter petition for an annexation election in ACC’s service
area to annex the territory of the
WHEREAS the
Board has reviewed and investigated all matters pertaining to said voter
petition, including the number of registered voters at the last General
Election, the total and validity of the signatures; and
WHEREAS the Board diligently inquired into the petition which was duly and lawfully verified by the ACC department of Government Relations;
NOW THEREFORE, the Board hereby finds that:
(1) The total number of registered voters within the SMCISD at the last general election was 37,952 of which 31,804 reside in Hays County, 2342 reside in Guadalupe County and 3806 reside in Caldwell County.
(2) 5% of the total number of registered voters is 1898.
(3) The San Marcos/ACC YES! Coalition has submitted a petition with 3002 signatures, 1963 of which signatures were verified by the ACC department of Government Relations as valid, which number of signatures exceeds the 5% of the registered voters required by Section 130.065 of the Texas Education Code.
NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED BY THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT THAT:
Section 1. The
Section 2. Nineteen hundred
and sixty-three (1963) of the resident qualified voters of the
Section 3. Preamble Incorporation. The recitals contained in the preamble hereof
are hereby found to be true, and such recitals are hereby made a part of this Resolution Order for all
purposes and are adopted as part of the judgment and findings of the Board.
Section 4. Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordered herein.
Section 5. Governing Law.
This Resolution shall be construed and enforced in accordance with the
laws of the State of
Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Board hereby declares that this Resolution would have been enacted without such invalid provision.
Section 7. Notice of Meeting. The Board officially finds, determines, recites and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution is adopted was posted on a bulletin board located at a place convenient to the public at the District’s administrative offices for at least 72 hours preceding the scheduled time of the meeting; that a telephonic or telegraphic notice of such meeting was given to all news media who have consented to pay any and all expenses incurred by the District in connection with providing such notice, both as required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended; and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof was discussed, considered and formally acted upon.
Section 8. Authorization to Execute. The President of the Board is authorized to execute and the Secretary of the Board is authorized to attest this Resolution on behalf of the Board; and the President of the Board is authorized to do all other things legal and necessary in connection with the holding and consummation of the Election.
Section 9. Effective Date. This Resolution is effective immediately upon its passage and approval.
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left blank.]
PASSED AND APPROVED______________________, 2006.
___________________________________
President, Board of Trustees
ATTEST:
___________________________
Secretary, Board of Trustees
* * *
* *
New Business:
Agenda
Item 8165
FY05
External Audit/Management Letter
Dr. Mink introduced the item and Ben Ferrell
stated the Texas Higher Education Code 61.065(a) requires each public
community/junior college to be audited by independent Certified Public
Accountants in accordance with the approved reporting system developed by the
Texas Higher Education Coordinating Board.
The independent auditors’ engagement was with the Board of Trustees,
rather than with the College’s administration; consequently the auditors
addressed the report to the Board.
Mr. Wayne McConnell and Mr. Eric Eaton of
McConnell & Jones, CPA’s, Houston, Texas, presented information concerning
the External Audit/Management Letter.
Mr. McConnell stated there were two changes to accounting policies
including depreciating library books and reclassification of State
appropriations from the Operating category into the Non-Operating
category. He commended Mr. Ben Ferrell
and Ms. Leslie Sabin, Controller, for their work.
Mr. Eaton presented a summarization of the
audit and stated the audit gave
Trustees commended the work of the
auditors and staff and expressed appreciation for the clean audit.
Agenda
Item 8166
Proposed
Contract for HVAC Supplies and Equipment
Dr. Mink introduced the item. Mr. Ferrell
provided information regarding the need for Heating, Ventilation and Air
Conditioning (HVAC) supplies and equipment in order to maintain HVAC equipment
at ACC facilities. He stated that the
College issued an Invitation to Bid, responses were received and reviewed. Mr. Ferrell advised that staff recommended
that the Board of Trustees award contracts to two respondents: The Trane Company and
Insco Distributing Company. Mr. Ferrell, Mr. Gilbert Rodriguez, Director
of Purchasing; and Mr. Don Lumas, HVAC Supervisor,
responded to questions from Trustees concerning aging equipment and the need
for adequate supplies available for repairs and replacements.
This item will appear on the agenda for
possible action at the
The agenda was reordered.
Agenda
Item 8168
Contract
for Election Services for Board of Trustees
Dr. Mink introduced the item and Ms. Linda
Young, Special Assistant to the President for Governmental and Community
Relations, stated the Travis County Elections division proposed to contract
election services for ACC jointly with
This item will be included on the agenda
of the
Agenda
Item 8167
ACC/AISD
College and Career Preparatory Program,
Interlocal Agreement,
Dr. Mink introduced the item and Dr.
Stephen B. Kinslow, College President, provided
information concerning the proposed Interlocal
Agreement between Austin Community College (ACC) and the Austin Independent
School District (AISD) to continue operations of the College and Career
Preparatory Program (CCPP).
ACC and AISD have established several
strong partnerships to increase high school-to-college opportunities for
students. One of the most successful of
these is the CCPP program implemented in July 2003. A core feature of the program is that ACC
serves as the contractor for AISD’s college and
career programs and, in particular, the Career and Technology Education
program. Because the CCPP program has
been highly satisfactory to both institutions, ACC and AISD staff propose to
continue the CCPP program beyond the current contract termination date of
This item will be included on the agenda
of the
Agenda
Item 8169
Policy
Compliance Report: E-2, Provision of
College Facilities
Dr. Mink introduced the item and Mr. Ben
Ferrell provided information noting the governing board hired an external
consultant to assist in expanding the facilities master plan. The consultant study is expected to be
completed in September 2006 and will help expand the detail of the ACC Master
Plan, as well as help to formulate recommendations for future bond programs. He noted that staff prepared the report in
the format of Board Policy E-2 with comments following each element. Internally there is a Facilities Committee
which is part of ACC’s shared governance structure in which employee and
student organizations have representatives which serve on the committee and
which assists in identifying and prioritizing facilities-related projects. Mr. Ferrell and Mr. Mullane
responded to questions from Trustees regarding the data provided and the
direction in which a future campus might be needed; the need to look not only
at where people live, but also where they work; and areas of future growth;
Trustees expressed appreciation to Mr.
Ferrell and staff for the information provided.
Agenda
Item 8170
Policy
Compliance Report: A-5, Service Area
Responsibilities
Dr. Mink stated discussion of this item
was postponed until a future meeting.
Executive
Session
There was no
Executive Session.
Announcements
There were no announcements.
Adjournment
Having no motion before the Board, the
January 23, 2006, Regular Meeting of the Austin Community College Board of
Trustees was adjourned at
Approved By
Jeffrey Richard, Secretary