MINUTES
Regular
Meeting – Board of Trustees
October 2, 2006
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, October 2, 2006, at 6:04 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: Mr.
John F. Hernandez, Chair/Presiding Officer; Ms. Nan McRaven, Board Vice Chair;
Ms. Veronica Rivera, Secretary [arrived at 6:10 p.m.]; Mr. Allen H. Kaplan; Dr.
James W. McGuffee; Dr. Barbara P. Mink; Mr. Rafael Quintanilla; and Mr. Jeffrey
K. Richard. Trustee Lillian J. Davis was
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.
Recognitions
·
Check Presentation - Mr. Alex Brown, Chair of the Austin
Community College Foundation Board, presented a check in the amount of $20,000 raised
at the recent 1st Annual ACC Golf Scramble for the Student Emergency
Assistance Fund. Mr. Brown expressed appreciation to College President Stephen
B. Kinslow, Professor Roland Hayes, Ms. Stephanie Diina-Dempsey, ACC staff and
to all participants in the event.
·
Phi Theta Kappa Annual Report - Ms. Mary Kohls, ACC
instructor and Advisor to the Alpha Gamma Pi Chapter of Phi Theta Kappa
International Honors Society, and introduced Dr. Reed Peoples, accounting
professor at ACC and a new Advisor to the Alpha Gamma Pi Chapter. Ms. Kohls introduced Coca-Cola Scholarship
recipients: Ruby Becerra, Melissa
McKinnon, and Thomas Upchurch. She also
introduced the first International Phi Theta Kappa Leader of Promise
Scholarship recipient: Thomas
Upchurch. Ms. Julie Tomás, Spring 2006
Chapter President, presented the Phi Theta Kappa Annual Report including
activities and accomplishments of the Chapter during 2006.
·
New Employees: There
were no new employees.
·
Report on Achievements and Recognitions – Ms. Soon
Merz, Associate Vice President for Effectiveness and Accountability, presented
the Kudos Report and called attention to recent awards/recognitions received by
faculty/programs, staff, students, and
Citizens
Communication
No one registered to address
the Board of Trustees.
Reports from
Associations
·
Adjunct Faculty Association – Ms. Mary Gilmer, President, Adjunct
Faculty Association, spoke regarding introduced officers of the Association and
spoke regarding Board Policies F-10, Employee Compensation, and B-4, Board of
Trustees Bylaws.
·
Classified Employees Association – Ms. Kathy Judge, President, spoke
regarding Association activities and Board Policies F-10, Employee
Compensation, and B-4, Board of Trustees Bylaws.
·
Full-Time Faculty Senate – Ms. Linda Welsh, President, expressed
appreciation to the Board of Trustees for their volunteer services and spoke
regarding Senate activities and Board Policy B-4, Board of Trustees Bylaws.
·
Professional-Technical Employees Association – Ms. Judy Van
Cleve, President, spoke regarding Association activities, educational
incentives, and Board Policy B-4, Board of Trustees Bylaws.
·
Student Government Association – Ms. Anastasyia Travina, President, spoke
regarding activities of the Student Government Association.
President’s
Report
Dr. Kinslow expressed
appreciation to Trustees for the discussions at the recent Board Retreat and
the time spent on behalf of the College.
He advised that the Legislative Budget Board and Governor’s Office hearing
on the community college budget for 2007 was held on
Reports to the Board
·
Student Profile:
Jeffrey St. Andre – Dr. Kathleen Christensen, Vice President for Student
Support and Success Systems, introduced Mr. Jeffrey St. Andre, ACC Academic
Transfer Student in Graphic Design. Mr.
St. Andre expressed appreciation for the opportunity to speak to the Board of
Trustees, provided information regarding his background, experiences, and
future goals. He responded to questions
from Trustees.
·
Facilities Update – Mr. Bill Mullane, Director of
Facilities and Construction, called attention to the information provided regarding
the current status of ACC’s Capital Improvement Projects, miscellaneous work
(not Capital Improvement Projects) and recent projects of Environmental Health
Safety and Insurance. Mr. Mullane and
Mr. Ben Ferrell, responded to questions from Trustees regarding additional parking
at the Rio Grande Campus, alternatives, discussions with the City of
·
Financial Report – August 2006 – Mr. Ben Ferrell, Vice
President of Business Services, called attention to the information provided
including: (1) the College’s budget was
on track and projecting approximately $2.6 million increase in Unrestricted Net
Assets, and a $3.6 million increase in Total Net Assets; (2) Revenues for the
year were complete and enrollments were up by about 3.2% for the year versus
the projected growth of 2%, therefore tuition revenues exceeded projections by
$2 million; Expenses included all payrolls, and most operating expenses,
although there were a few outstanding entries to be made which were included in
the projections as estimates; and the State benefits appropriation shortfall
for FY2006 of $1.7 million was reduced by ERS reallocations at year end by
approximately $160,000 resulting in a net $1.5 million shortfall in the ERS
health insurance budget, and that amount was included in the August statements
and the College would continue to pursue full recovery of these funds in the
upcoming legislative session.
In summary,
revenues are over budget by $3.1 million and expenses were over budget by $0.5 million. Therefore, Net Revenues over Expenses were
projecting a budget surplus of about $2.6 million and an increase in Total Net
Assets of about $3.6 million. Cash and
investments were in line at approximately $90 million, including $58 million in
bond proceeds.
Mr. Ferrell
responded to questions from Trustees.
CONSENT ITEMS
Mr. Hernandez
introduced the items:
Agenda Item 8255
Proposed Approval of Minutes of
Recommendation: That the Board of Trustees approve the
minutes as presented.
Agenda Item 8256
Proposed Approval of FY07 Board Calendar/Work Plan
Recommendation: That the Board of Trustees adopt the proposed
Board Calendar/Work Plan for Fiscal Year 2007.
Board Secretary
Veronica Rivera requested that the Minutes of the
Trustee Kaplan
asked that Agenda Item 8256, Proposed Approval of FY07 Board Calendar/Work
Plan, be pulled for discussion.
Trustees Barbara Mink moved and Veronica Rivera seconded
that:
MOTION: The Board of
Trustees of Austin Community College approve Agenda Item 8255, Minutes
of the September 5, 2006, Special Meeting; September 5, 2006, Regular Meeting
(as amended); and September 11, 2006, Special Meeting of the Austin Community
College Board of Trustees
VOTE: The motion
passed on a vote of 8-0.
FOR: John F. Hernandez, Allen H. Kaplan, James McGuffee, Nan McRaven, Barbara
P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera*.
AGAINST: None.
*ABSTAIN: Trustee Veronica
Rivera abstained from vote on the Minutes of the September 5, 2006, Regular
Meeting.
ABSENT: Trustee Lillian J.
Davis.
Agenda Item 8256
Proposed Approval of FY07 Board Calendar/Work Plan
Trustee Allen Kaplan requested the FY07 Board Calendar/Work
Plan be revised to delete the “if needed” from the calendar for the
Trustees Allen
Kaplan moved and
MOTION: The Board of Trustees of
VOTE: The motion, as
amended, passed on a vote of 8-0.
FOR: John F. Hernandez, Allen H. Kaplan, James McGuffee,
AGAINST: None.
ABSENT: Trustee Lillian J. Davis
DISCUSSION AND POSSIBLE ACTION
Trustee Nan McRaven asked that the agenda be re-ordered and
Agenda Item 8262, Discussion of Possible Bond Refinancing, be considered as the
next item.
Agenda
Item 8262
Discussion
of Possible Bond Refinancing - Selection of Underwriters, Approval of
Preliminary Official Statement, Approval of Order Issuing Bonds and Delegating
Authority to Enter into Bond Purchase Agreement
Chair Hernandez introduced the
item and Mr. Jorge Rodriguez, Vice President of Coastal Securities, stated the
current bond rates are very favorable and are not likely to remain as favorable
in the future. The Board was asked to approve
a Resolution selecting Underwriters and approving a Preliminary Official
Statement in connection with the Austin Community College District Limited Tax
Refunding Bonds, Series 2006, approve a Resolution authorizing the issuance of
approximately $25,000,000 Austin Community College District Limited Tax
Refunding Bonds, Series 2006; entering into an escrow agreement, establishing
parameters for the sale of the Bonds and authorizing the President of the
College and/or the Vice President for Business Services to enter into a
purchase contract as the pricing and sale may need to occur prior to a regular
meeting of the Board in order to maximize the potential savings, and a paying
agent/registrar agreement; and authorizing and approving other matters related
thereto. He stated that approval of the
Resolution Authorizing the issuance of Series 2006 Refunding Bonds was the
final Board action required for the College to refund portions of its Austin
Community College District Limited Tax Bonds, Series 2003 and Series 2004, to
achieve cash flow savings. Delegation
was authorized under chapter 1207, Texas Government Code. Mr. Ferrell and Tom Pollan, College Legal
Counsel, responded to questions from Trustees.
Trustees
MOTION: The Board of
Trustees approve a Resolution Approving and Authorizing the Use of the
Preliminary Official Statement and the Appointment of Underwriters in
Connection with the Austin Community College District Limited Tax Refunding
Bonds, Series 2006; and Authorizing and Approving Other Matters related
thereto.
VOTE: The motion passed on
a vote of 8-0.
FOR: John F. Hernandez, Allen H. Kaplan, James McGuffee,
AGAINST: None.
ABSENT: Trustee Lillian J.
Davis.
Trustees
MOTION: The Board of
Trustees approve an Order Authorizing the Issuance of an Amount not to Exceed
$25,000,000 “Austin Community College District Limited Tax Refunding Bonds,
Series 2006,”; Authorizing the Refunding of Certain Outstanding Obligations;
Levying A Continuing Direct Annual Ad Valorem Tax on All Taxable Property
Within the District for the Payment Thereof and the Assessment and Collection
of Such Taxes; Creating a sinking Fund for the Redemption Thereof; Authorizing
the Sale Thereof; Authorizing a Deposit with the Paying Agent; and Enacting
Other Provisions Relating to the Purposes of This Order.
VOTE: The motion passed on
a vote of 8-0.
FOR: John F. Hernandez, Allen H. Kaplan, James McGuffee,
AGAINST: None.
ABSENT: Trustee Lillian J.
Davis.
Agenda Item 8257
Revisions to Board Policy B-4, Board of Trustees Bylaws
Mr. Hernandez introduced the item and Board Secretary
Veronica Rivera distributed proposed revisions to Board Policy B-4 [3.1], Board
of Trustees Bylaws:
B-4. BOARD OF TRUSTEES BYLAWS
•
The Board of Trustees values open communication and
consideration of multiple perspectives which may impact district policy and
allocation of public resources.
• To facilitate open and effective
communication, the Board and President will work conscientiously to construct
substantive board agendas and to conduct meetings in an open, collaborative,
and orderly manner.
1. General Delegation
of Authority for Board Procedure
The Board Chair shall decide any questions of Board procedure that are not
addressed by, or that require interpretation of, law, Board policy, or specific
Board resolutions.
2. Board Officers
The Board shall elect from among its members a Board Chair, who shall (1)
preside over Board meetings, (2) in coordination with the College President,
prepare the Board meeting agenda, (3) coordinate the Board-President
relationship, and (4) serve as ceremonial spokesperson for the Board; a Board
Vice-Chair, who shall coordinate the community-linkage activities of the Board
and shall preside in the absence of the Board Chair; and a Board Secretary, who
shall oversee and certify the records of the Board and coordinate policy
development activities. These officers shall be elected at the first Board
meeting after a Trustee election is completed, a year later, and when a vacancy
in an office exists or is created by Board vote. No trustee may serve in the
same office for more than two of any four consecutive years.
3. Board Meetings
3.1 Official meetings of the Board, including specially-called meetings, can be
called, within the notification limits imposed by law, by the Board Chair or by
any three Trustees. The Board may take action on posted agenda items at the first reading at which the item is presented, whether
presented at a regular or special called meeting (“first reading”). A
board member, with the majority of the Board agreeing, may defer action for
additional time to reflect upon the requested action. The President and Board Officers shall use
best efforts to ensure that items will not be brought to the Board for
immediate action unless they could not reasonably have been discussed at an
earlier meeting and/or scheduled for a vote at the Board’s regular meeting. Revisions to policies, or adoption of new
policies shall require two readings and may be adopted at a meeting other than
the regular meeting of the month. The
administration will ensure that appropriate shared governance processes are
followed for requested Board actions that directly impact faculty, staff, or
students. The Board shall not
take immediate action on a topic (i.e., a final vote on a topic at the first
meeting at which it is presented to the Board or discussed or at other than the
regular meeting of the month or a recessed continuation) unless taking
immediate action is necessary to benefit the College. However, although a
change to Board policy may be adopted at a meeting other than the regular
meeting of the month, the change must, without exception, have been discussed
at a prior meeting. The President and Board Officers must use best
efforts to ensure that items will not be brought to the Board for immediate
action unless they could not reasonably have been discussed at an earlier
meeting and/or scheduled for a final vote at the first regular meeting of the
month.
3.2 The College President and Board Chair shall develop proposed agendas for
Board meetings in accordance with priorities set by the Board, with final
authority on what is included in the agenda and agenda packet resting with the
Board Chair. A motion to place an item on a particular future agenda shall, at
the request of any trustee, be placed on the next
agenda for determination by Board vote. The College President shall cause all
Trustees to be sent the agenda and all supporting materials at least 5 days
before the meeting, and shall cause all required legal postings of Board
meetings. Only subjects on the agenda shall be considered at a meeting.
3.3 Robert's Rules of Order shall be used to conduct meetings of the Board and
its committees, subject to these bylaws and applicable law. Final approval of
any non-procedural motion requires affirmative votes in a public session from a
majority of the full current membership of the Board. For procedural motions,
amendments, and committee votes, the majorities required by Robert's Rules of
Order shall be of members present and voting.
3.4 The College President shall cause to be kept all legally-required records
of Board meetings. Minutes of the full Board shall accurately reflect the
actions taken by the Board and the vote of each Trustee on those actions. When
approved by the Board and signed by the Secretary, the minutes shall become the
official record of a meeting. The Secretary shall have authority over how the
decisions and activities of the Board are presented by the College.
3.5 The President and appropriate staff designated by the President shall
have the right to be present at all executive sessions of the board unless the
session is specifically to evaluate the President’s performance and employment
contract, and only if said issue is properly disclosed under state law
on the board agenda.
3.6 Requests of Information: Requests from trustees for
information may be made only to the President, coordinated through the Board
Chair.
Trustees Barbara
Mink moved and James McGuffee seconded that:
MOTION: Board Policy B-4, Board of Trustees Bylaws,
remain as is and that the Board Officers determine whether an item will be
presented for a second reading or be placed on the Consent Agenda at the
following meeting.
Trustees spoke to the Motion and cited the need to place
the review of Board Policies B-4, Board of Trustees Bylaws, and F-10, Employee
Compensation, in the upcoming review of all Board policies.
VOTE: The motion failed on a vote of 3-5.
FOR: James McGuffee, Barbara P. Mink, and Jeffrey Richard.
AGAINST: John Hernandez, Allen
H. Kaplan,
ABSENT: Trustee Lillian J.
Davis.
Agenda
Item 8258
Selection of a Delivery Method for Pinnacle Parking
Mr. Hernandez
introduced the item and Mr. Ben Ferrell provided information. The Texas Education Code, Section 44.035,
requires a board of trustees to determine a construction method that delivers
the best value to the district, prior to advertising for the work. He stated that staff recommended that the
Board of Trustees approve the design/bid/build delivery method for the project
as the best value due to the substantial amount of engineering work required,
as opposed to a project that requires a large part of the work to be performed
by architects and a construction firm.
The Pinnacle parking expansion is budgeted for $650,000 and was approved
as part of the May 2003 bond referendum.
Trustees Barbara Mink moved and Allen Kaplan seconded that:
MOTION: The Board of
Trustees select the staff recommendation of design/bid/build for the parking
expansion at the Pinnacle Campus.
VOTE: The Motion
passed on a vote of 8-0.
FOR: John F. Hernandez, Allen H. Kaplan, James McGuffee,
AGAINST: None.
ABSENT: Trustee Lillian J.
Davis.
Recess
Mr. Hernandez recessed the
[Trustee Veronica Rivera left the meeting at 7:55 p.m.]
Reconvene
The
Board of Trustees of Austin Community College reconvened in public session at
[Chair
John Hernandez left the meeting at
Agenda
Item 8259
Organizational
Performance/Evaluation/Auditing Report
Ms. Nan McRaven,
Board Vice Chair, introduced the item.
Ms. Soon Merz provided
information on the Summary of the Internal College Survey for Summer 2006 and
responded to questions from Trustees.
Mr. Imad
Mouchayleh, Director of Internal Audit, called attention to the Internal Audit
Annual Plan for FY 2006-2007 and responded to questions from Trustees. Trustee Mink expressed appreciation to Mr.
Mouchayleh for the thoroughness of the Internal Audit information.
Mr. Ben Ferrell
provided a status update on the FY 2005 External Audit Management Letter
concerning Fixed Assets, Purchasing, and Disbursements. He responded to questions from Trustees.
[Chair John
Hernandez returned to the meeting at 8:20 p.m.]
Agenda
Item 8260
Renewal
of Resolution for Advisory Committee for Finance and Budget (ACFB)
Chair Hernandez
introduced the item and Dr. Stephen B. Kinslow provided information regarding
renewal of the ACFB, committee appointments, and charges to the Committee. Trustees discussed continuation of the
Committee.
Vice Chair
McRaven suggested that the Officers of the Board of Trustees discuss
continuation of the Committee and provide information to Trustees.
Agenda
Item 8261
Discussion
of
Chair Hernandez
introduced the item and Dr. Kinslow stated that this item was discussed at the
September 29-30 Board Retreat and no further discussion was needed.
Executive
Session
There was no
Executive Session.
Announcements
Trustee Richard
expressed appreciation for the Board holding its Retreat at the Austin Area
Urban League location.
Adjournment
Having no motion before the Board, the
October 2, 2006, Regular Meeting of the Austin Community College Board of
Trustees was adjourned at 8:30 p.m.
Approved By
Veronica Rivera, Secretary