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, March 5, 2007, 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: Mr.
John F. Hernandez, Chair/Presiding Officer; Ms. Nan McRaven, Vice Chair; Ms.
Veronica Rivera, Secretary; Mr. Allen H. Kaplan; Dr. James W. McGuffee; Mr. Barbara
P. Mink; Mr. Rafael Quintanilla; and Mr. Jeffrey K. Richard [arrived at 6:30
p.m.]. 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
·
New Employees – There were no new employees.
·
Student Profile: Mr.
Eloy A. Azurin - Dr. Kathleen Christensen, Vice President, Student Support and
Success Systems, introduced Mr. Eloy A. Azurin, English-as-a-Second- Language
student in Adult Education at
·
Report on Achievements and Recognitions – Dr. Donetta Goodall, Vice President, Academic
Transfer and General & Developmental Education, 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 the Spring Membership Meeting and invited
Trustees to attend the Meeting at the Eastview Campus, Multi-purpose Room 8500,
on Friday, March 30, 5:30-7:30 p.m.
·
Classified Employees Association – Ms. Kathy
Judge, President, spoke regarding the early evening reception; the Latino
Festival; support for staff and faculty to be located at the new area at the
Rio Grande Campus; and accessibility.
·
Full-Time Faculty Senate – Ms. Linda Welsh,
President, distributed information and expressed appreciation for Trustees’
support and advocacy for upcoming legislation; expressed appreciation to Mayor
Todd and Mr. Peck Young, Director of the ACC Center for Public Policy and
Political Studies, who spoke to the Association on March 2 regarding public
service and the critical role of faculty members; and provided information
regarding agenda items concerning faculty offices at the Rio Grande Campus and
program priorities for this fiscal year.
·
Professional-Technical Employees– Ms.
Judy Van Cleve, President, spoke regarding Association activities and professional
development as it relates to House Bill 1.
·
Student Government
Association – Ms. Anastasyia Travina, President, spoke
regarding the Community College Day at the Capitol and activities of the Student
Government Association. She responded to
questions from Trustees.
President’s
Report
Dr. Stephen B.
Kinslow, College President, expressed appreciation to ACC Trustees and the
elected officials from
Reports to the Board
·
Facilities Update – Mr. Bill Mullane, Director of
Facilities and Construction, provided a report on current construction and
renovation projects, including G.O. Tax Bond Projects, Detailed Usage of
Interest Earnings; District-Wide Renovations Details; Other Projects; Mr.
Mullane, Mr. Ferrell, Vice President, Business Services, and Dr. Kinslow responded
to questions from Trustees.
·
Financial Report – January 2007 – Mr. Ben Ferrell, Vice
President, Business Services, called attention to the information provided
including: (1) the College’s budget was
on track and projecting approximately $4.7 million increase in Unrestricted Net
Assets, and a $5.4 million increase in Total Net Assets; (2) Fall enrollments
were up about 4.2%. Spring enrollment
figures were up 4.2%. This exceeds the
original projections of 2% growth, and therefore, tuition revenues were projected
to exceed budget by $2.0 million; and (3) as for expenses, Adjunct Faculty and
Overloads were projected to exceed original FY07 estimates due to the increased
enrollments and vacancies in Full-Time Faculty Salaries. This would be offset by increased tuition
revenues and lapsed salaries in Full-Time Faculty. Total salaries were projected to be over
budget by about $0.2 million.
In summary, adjusting
revenues by $5.6 million and expenses by $0.9 million, Net Revenues over
Expenses projected a budget surplus of about $4.7 million and an increase in
Total Net Assets of about $5.4 million.
Cash and investments were in line at approximately $107 million,
including $44 million in bond proceeds.
Mr. Ferrell
responded to questions from Trustees.
CONSENT ITEM
Mr. Hernandez
introduced the item:
Agenda Item 8293
Proposed Approval of Minutes of
Trustees Allen H. Kaplan moved and James McGuffee seconded
that:
MOTION: The Board of
Trustees approve the minutes of the
VOTE: The motion
passed on a vote of 8-0.
FOR: John F.
Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink,
Rafael Quintanilla, Jeffrey Richard, Veronica Rivera.
AGAINST: None.
ABSENT: Trustee
Lillian J. Davis.
DISUSSION AND POSSIBLE ACTION
Agenda Item 8294
Selection of a Construction Method for Faculty Offices
and Related Renovations at the
Chair Hernandez
introduced the item and Mr. Ben Ferrell, Vice President, Business Services,
provided information and asked that the Board of Trustees select a delivery
method for the construction of a faculty office complex and related renovations
at the Rio Grande Campus. He stated
staff recommended the Construction Manager at Risk method due to the complexity
of the project, and the services required.
The
Trustees Rafael Quintanilla moved and
MOTION: The Board of Trustees
select the Construction Manager at Risk as the delivery method for the
construction of a faculty office complex and related renovations at the
Trustees discussed the
proposed delivery method.
VOTE: The motion passed on a
vote of 8-0.
FOR: John F.
Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink,
Rafael Quintanilla, Jeffrey Richard, Veronica Rivera.
AGAINST: None.
ABSENT: Trustee
Lillian J. Davis.
Agenda Item 8295
Selection of a Construction Method for a Parking Garage at
the
Chair Hernandez
introduced the item and Mr. Ben Ferrell, Vice President, Business Services,
provided information and asked that the Board of Trustees select a delivery
method for the construction of a parking garage at the
Trustees Rafael Quintanilla moved and
MOTION: The Board of Trustees
select the Construction Manager at Risk as the delivery method for the
construction of a parking garage at the
Trustees discussed the
proposed delivery method and the number of parking spaces. Trustees suggested a creative design to meet
the scale of the Rio Grande Campus neighborhood and that the neighborhood be
kept informed and involved.
VOTE: The motion passed on a
vote of 8-0.
FOR: John F.
Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink,
Rafael Quintanilla, Jeffrey Richard, Veronica Rivera.
AGAINST: None.
ABSENT: Trustee
Lillian J. Davis.
Agenda Item 8296
Order Enlarging Boundaries of the Austin Community College
District to Include 2005-2006 Annexations of the City of
Chair Hernandez
introduced the item and Mr. Ben Ferrell provided information and asked that the
Board of Trustees consider an order to include properties annexed into the City
of
Staff requested
that the Board consider declaring by order the properties later annexed into
the City of
Trustees
discussed the proposed Order.
Trustees
MOTION: The Board of
Trustees of the Austin Community College District approve the
VOTE: The motion passed on a
vote of 8-0.
FOR: John F.
Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink,
Rafael Quintanilla, Jeffrey Richard, Veronica Rivera.
AGAINST: None.
ABSENT: Trustee
Lillian J. Davis.
* * * * *
ORDER ANNEXING TERRITORY ANNEXED BY THE CITY OF
STATE OF
COUNTIES OF TRAVIS AND §
WILLIAMSON §
WHEREAS, Texas Education Code § 130.066 authorizes the Board of a junior college district to annex, by order, any territory later annexed by or added to a municipality if the junior college district has annexed territory comprising all of a municipality; and,
WHEREAS, on May 16, 2005, the Board of Trustees of Austin Community College District canvassed the returns of the May 7, 2005 annexation election and declared that portion of the territory of the City of Austin that was outside the boundary of Austin Community College District annexed to Austin Community College District for junior college purposes; and,
WHEREAS, all of the territory comprising the City of
THEREFORE, THE BOARD OF TRUSTEES OF AUSTIN COMMUNITY COLLEGE FINDS AND DETERMINES that the territory annexed by the City of Austin in 2005 and 2006 is subject to annexation into the Austin Community College District for junior college purposes only; and
THE BOARD FURTHER FINDS AND DETERMINES, that the meeting at which this Order is adopted was open to the public; and that public notice of the time, place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code, as amended.
NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, ORDERED, AND RESOLVED BY THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT THAT the boundaries of the District are redefined, enlarged and extended to incorporate the additional territory of the City of Austin based upon the boundaries of the City of Austin as enlarged by the City of Austin annexations in 2005 and 2006.
PASSED, ORDERED, ADOPTED by the Board of Trustees of the Austin Community College District on this the ____ day of _____________, 2007.
AUSTIN COMMUNITY COLLEGE DISTRICT
By: __________________________
John Hernandez, President
Board of Trustees
ATTEST:
______________________________
Veronica Rivera, Secretary
Board of Trustees
[SEAL]
* * * * *
Agenda Item 8297
Declaration of Program Priorities for Fiscal Year
2008/Resolution
Chair Hernandez
introduced the item and Dr. Donetta Goodall, Vice President, Academic Transfer
and General & Development Education, stated that the information was part
of ACC’s Master Planning, was supported by Board Policy, and legislatively
mandated. Mr. Mike Midgley, Vice
President for Workforce Education and Business Development, provided
information on programs, funding, and the connection between workforce and
academic programs. Dr. Goodall and Mr.
Midgley responded to questions from Trustees.
The Resolution
will be included on the Consent Agenda for action at the April 2, 2007,
meeting.
Agenda Item 8298
Interlocal Agreement with
Chair Hernandez
introduced the item and Mr. Ben Ferrell and Dr. Mary Hensley, Vice President,
College Support Systems and ISD Relations, advised that ACC would like to
provide additional parking for students, faculty, and staff at the South Austin
Campus. AISD’s
The Interlocal
Agreement provides for:
1.
Parking throughout the year for ACC faculty, staff, and
students at specified location at
2.
Temporary parking in Summer 2007 for ACC faculty, staff,
and students at a specified location at
3.
Event parking for AISD at th SAC parking garage when
available; and
4.
Security, signage, and cost issues.
Mr. Ferrell, Dr.
Hensley, and Dr. Kinslow responded to questions from Trustees regarding
approval of the Interlocal Agreement by AISD and campus security.
This item will
be included on the Consent Agenda for action by the Board of Trustees on
Agenda Item 8299
Board Policy Review Process
Chair Hernandez
introduced the item and Trustee Veronica Rivera, Board Secretary, distributed
the FY07 Board Policy Review Worksheet and called attention to the Board’s
comments on page 2. She stated there are
less than 10 policies with significant changes.
Trustee Rivera provided information concerning a proposed timeline for
revisions and stated the policy revisions would be completed prior to beginning
the budget process in June. She stated
that the proposed review process would be brought to the Board in April
following review by the Board Officers.
[Trustee Jeffrey Richard
left the meeting at
Agenda Item 8300
ACC Board of Trustees Self Performance
Chair Hernandez
introduced the item and distributed Discussion Questions for the Board Self
Evaluation. Trustees commented on the
Questions:
Question #1 - Do you feel the Board operates as a cohesive team? In what ways can we strengthen our commitment
to Policy B-2’s Value Statement, “The Board of Trustees recognizes its
responsibility to function as a whole, and to communicate as an entity.” Do you have specific suggestions for
enhancing communication among the Trustees?
·
Believe that we operate as a cohesive team. With discussion on the dais and looking at
what is the best thing to do. One thing
on enhancing communication is that some of our Trustees that are chairs and
officers in other associations and it would help to promote that and to also
obtain information from them to assist us, as Trustees, in knowing what is
going on like with state and national associations such as communicating with the
Chair or President on what we are doing ourselves in that position or within
the community. It can be shared in
weekly materials and we can receive assistance that we may not have thought
about.
·
Want to echo that. Also want us
to institutionalize how we get that information—in other words Allen holds a
position, and somehow I want to hear from people on the dais somehow once a
month or once a quarter if they are involved in national associations and I do
want to hear what’s going on and get a report.
Don’t know how to do this—should it be on the dais, or written
information included in the weekly packet.
I’m not sure how to get that information, but really would like to get
that information.
·
Might be included as a quarterly report at a Board meeting.
·
Somehow we need to figure how we communicate to the rest of the
Trustees things that are going on.
·
From time to time, have wanted to have just general discussion among
the Board about how we feel about very, very big picture items—operational,
community wide. Don’t feel that we have
enough of those opportunities. Thought
maybe at a Retreat an hour or so could be put aside to brainstorm or share
their view of what’s going on in the community, or that kind of thing. Otherwise, I think we are doing a very good
job. I’m not talking about the specific
things we get into on an agenda. I do
feel we are working very well as a team.
I think for at least two or three years now we have clearly made our
decisions together and backed them together.
I am pleased with that.
·
I agree on some way that is needed to institutionalize Trustee reports
and community involvement. Maybe that’s
an agenda item every three months or every quarter. Those who have a report can advise the Board
Officers that they will have a report for the quarter. And that could be for discussion. It’s just about discussion and allowing the
Trustees to report whether it is state or national organizations, whether it is
an organization on which you might be on the board, anything that is part of our
responsibility to be out in the community and report to the Trustees regarding
what is going on in that part of the community.
·
I agree that we need to have more time to talk about the big picture
and the vision for the institution. One
of the things I liked at this last Retreat was to talk about our individual
legacies, and how that fit into the sort of big picture—the College. Think that we are doing a really good job
about talking about who we are and we have done a lot more of that in the last
few years. I don’t think we have the
conversation down that says what do we want to be and what does that look
like. We talk about our facilities
master plan, our expansion around the district, but I am not clear, personally,
about the next 3-5 years besides growing and closing the gaps, adding 10,000
more students in the next X-amount of years, what does this institution want to
look like and what do we want to be and that was some of my earlier conversation
on what are the demands? Where are the demands pushing us? I don’t know how to tie all of that together
to really create a vision that I can talk about out in the community. In order to do development in the community,
we also need to be able to articulate the future for this institution. I think we have done an incredible job of
actually stabilizing the institution and making some great gains over the last
couple of years, but now I really want to understand where we are going and I
don’t have that picture clear in my own mind at this point—parts of it, but not
the bigger picture.
Question #2—Do you feel that the board officers are effectively meeting
their responsibilities as outlined in board policy and in helping to move the
board toward consensus on important issues?
Do you have suggestions for enhancing the effectiveness of the board?
·
Every voice is heard and all have their voice heard—though it is not
necessarily always consensus.
·
We have had several 5-4 or 5-3 votes lately and, not that we have to
have everyone voting the same way by any means, to me that means that perhaps
we all don’t agree and/or that we haven’t conveyed enough of the information
and everyone doesn’t really understand the information—i.e., Rio Grande. I would like to figure out a way to better
communicate or the officers should help make sure that everyone on the dais has
as much information as we do and that it’s not just a trust issue—that you
trust the Board Officers and where we are leading the organization, but that
you really have the information and understand it. This is something that I would really like
suggestions on perhaps now or later.
·
I think the Board Officers in particular have really been out there
visible in the community and making lots of events and representing us very
well. That’s a good place to always
be. I agree that it does seem that there
has been several key votes where there has been quite a bit of division and I
am not sure whether it is simply different view points being strongly
expressed, or whether people were not provided
sufficient information. I do
think that is a very important question because we want to make sure that
people have sufficient information, and they are comfortable in supporting the
Administration. Most of the time there
will be a recommendation from the Administration. If we have too many 5-3 votes, we are somehow
clearly signaling that we are not supporting the staff. I don’t think that’s a good thing on an
on-going basis. I think that if everyone
unanimously disagrees with the staff, that may be a very good thing, but not to
be split. So, I think it’s up to the
President to work with the Officers in trying to identify issues that might be
particularly troublesome, controversial, or difficult and spend some more time
with Board members making them aware and providing a better channel of
communication on what has been going on.
It is hard to put a finger on exactly what is missing but obviously more
communication could only be helpful. I
think that we ought to be concerned about it.
·
I agree that we don’t want to send out signals that somehow we disagree
with the Administration, but I think our communication lines are wide open and
I don’t know of anyone on this 9-member Board who is shy of asking for
information. I think we are getting a
lot of information but there are times when we are just going to disagree. I think we need to respect that other
Trustees are going to have a different opinion or different view points or a
different principle. I don’t worry a lot
about 5-4 and 5-3 votes unless they become consistent and that it’s the same
5-4. I don’t want to see the Board
breaking up into blocks. That would be
more of a concern. I think some of these
5-3 votes have been different Trustees and not the same Trustees. I am less worried about that and I think consensus
for consensus sake doesn’t appeal to me.
Consensus when we can come to an agreement and everybody feels good
about where we are going, that’s what good consensus is but I appreciate the
concern about what signals we might give out, but I think that’s going to
happen.
Question #3—Do the Board agenda materials adequately assist you in
being well-informed and prepared for Board meetings or for discussion of
college issues?
·
A lot of the comments made in #2 really could apply to this.
·
I think with the written materials—I sometimes feel that I am getting
the same thing a couple of times. Like
the articles are sent out from the papers and I look at them, and then they are
included in the information at the end of the week. So, sometimes I feel like I am getting
information two or three times. And
that’s one issue. The other issue for me
we need to do something—like was mentioned earlier—with increasing the openness
of the communication. What bothers me is
when someone says: I was just out and I
was talking to this group, and they will say it from the dais, and that’s the
first time I have heard of it. Why I am
I hearing this here and why haven’t we heard that as a report about what
happened in that group? When we went out
to speak to chambers of commerce and neighborhood associations for a big block
of time, then every time we did that we would have to get in front of the group
and say this is what we spoke on, this is what we heard from the community, and
we are giving a report so that all of the Board would hear it at the same
time. And we would have that openness so
that not any one of was out front kind of making commitments for the Board that
no one else had heard of. That’s the
only part that bothers me—when somebody really gets in front of the rest of us
having the information. So the more ways
you can get us all going together on that, the better I would feel.
·
We will look at this quarterly or maybe even more often than that.
·
Commended Trustee Mink on what she does for the Board and the manner in
which she communicates information regarding campus visits to us—as a report to
us when she is out in the community.
Trustee
·
We can share the reports with staff and what staff shares as a report
is not outside the Texas Open Meetings regulations.
·
The Board Officers have been good in any time we hear of an event it is
sent by the Board Assistant to the full Board that this is coming up, this is
available, is there any interest. I
think we have really kept the Board informed on events that are going on.
·
I would personally like to be at more events than dinners. Are there other local meetings that we should
be at? I think it is important to have
an ACC table, but there seems to be hundreds of these events where everyone is
asking us to buy a table. Are there any
kinds of places where we need to be telling the ACC story. A lot of times just it there at dinner,
interacting with four or five persons going in and out but it is not like a
professional conference, or a forum, or a symposium where we can get the ACC
story out there and dialog with people.
·
There is balance between staff and Trustees and it is appropriate to do
this.
·
There have been conferences held by the Chamber or others where a
Trustee could talk about the vision of the institution. So, I think there may be some places out
there, besides the on-going groups that we all participate in, where there are
big meetings, seminars, etc., where the Trustees could participate.
#4—Do you feel that the Board responds appropriately to internal and
external input? Does the Board keep the
best interest of the College above internal or external advocacy?
·
This is one place where we have really have improved in last few
years. Board has come together and acts
in the best interest in the College.
Externally we are getting positive press and it speaks a lot to the fact
that this Board is looking at the best interest of the College. We are really much better.
·
Question #5—How do you think the Board is doing in terms of “linking to
the community”?
·
Sadly, it appears that forums get cut first from the Board’s calendar. We have only had one forum since the last
Trustee election.
·
A lot of good things have sprung from external meetings; we need to get
back to meeting with these groups—ACapital Metro, Cedar Park City Council,
Leander City Council, etc. We need to be
open to these meetings.
·
Several years ago we had a listing of those external groups who wished
to have presentations regarding ACC and we should continue these meetings; want
to meet with legislators, so how can we be involved. We are in this role because we are committed
to the mission of this community college and we need to be out there being
involved. We need to get back to
participating in neighborhood and community organization meetings. We don’t need to just attend dinner functions. Need a list of these events so that we can
get back to attending these.
Question #6—What is your personal commitment to professional
development as a trustee this year – in what areas do you want to grow, and how
do you propose to meet your goal?
·
I appreciate your patience with learning fiduciary responsibilities; I
look forward to having the opportunity to participate in a professional
development activity this Summer.
·
We need to put speakers in front of
·
Wants to spend more time with the students. Haven’t spent enough time going out to our
campuses. Most of our meetings are
here. Would like to do more with the
students this next year and would like to see the Board again attempt to go to
our campuses and have our Retreats/Forums at our different campuses so that we
can experience the students, faculty, people at the campuses.
·
Would like to see ACC have a gala.
Want to continue to raise scholarships for our students. Want to go to the campuses. Pinnacle has a wonderful space on the 10th
floor.
·
In the past we took our meetings to the campuses. May need to think about doing our work
session with students/faculty at a campus.
We could get attendance by the entire Board, publicity, and a lot of
participation and it would be good.
·
Wearing ACC T-shirts out into the community. People see the logo and someone will always
ask how you are involved with ACC.
Suggested that Trustees get something with ACC logo, wear it, and
respond to the people.
Trustee McRaven stated that
there were a lot of good ideas and discussion presented. She stated that the Board deserved some
feedback/follow up at the April meeting on how these issues were going to be
addressed. This item will be will be
brought back at the April Board meeting for feedback regarding telling the ACC story
and how the Board can get out to the campuses and the community.
Executive Session
The Board of Trustees recessed into Executive Session at
8:55 p.m. pursuant to Texas Government Code 551.071(1) (a) (b) related to a
proposed settlement in Cause No. 06-CA-00357-SS, Hohemi and Edgar Galvez v.v.
A. Keith, O. R. Miller & Austin Community College, pending in the United
States District Court for the Western District of Texas, Austin, Texas.
Reconvene
The Board of Trustees of the Austin Community College
District reconvened in public session pursuant to Texas Government Code 551 at
Trustees Veronica
Rivera moved and
MOTION: The Board of Trustees approve the settlement
negotiated in Executive Session regarding Cause No. 06-CA-00357-SS.
VOTE: The motion passed on a
vote of 7-0.
FOR: John F.
Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink,
Rafael Quintanilla, and Veronica Rivera.
AGAINST: None.
ABSENT: Trustees Lillian J. Davis and Jeffrey
Richard.
Announcements
There were no
announcements.
Adjournment
Having
no motion before the Board, the March 5, 2007, Regular Meeting of the Austin
Community College Board of Trustees was adjourned at
Approved By
Veronica
Rivera, Secretary