MINUTES
Regular
Meeting – Board of Trustees
April 2, 2007
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 2, 2007, 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, Vice Chair; Ms. Veronica Rivera,
Secretary [arrived at 6:06 p.m.]; Dr. James W. McGuffee; Dr. Barbara P. Mink;
Trustee Rafael Quintanilla; and Mr. Jeffrey K. Richard [arrived at 6:08
p.m.]. Dr. Lillian J. Davis and Mr.
Allen H. Kaplan 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.
Recognitions
·
New Employees – Ms. Gerry Tucker, Associate Vice
President, Human Resources, introduced
Ms. Brette Lea, Executive Director of College Marketing and Public Information.
·
Student Profile:
Mr. Mike Midgley, Vice President, Workforce Education and Business
Development, introduced Ms. Stephanie McDade-Snallfot, Building Construction
Technology student. Ms. McDade-Snallfot
provided information regarding her education and experience. She expressed appreciation for the smaller
classes at ACC and the assistance of the instructors. Ms. McDade-Snallfot responded to questions
from Trustees.
·
Recognition of Mary Kohls – Dr. Stephen B. Kinslow, College
President, presented an award to Ms. Kohls, ACC Department Chair for Computer
Science and Computer Information System, in recognition of her 20 years of
service as an advisor to ACC’s Alpha Kappa Gamma chapter of the Phi Theta Kappa
honor society and her many contributions to the students and College.
·
Report on Achievements and Recognitions – Ms. Gerry
Tucker presented the Kudos Report and called attention to recent
awards/recognitions received by faculty/programs, staff, students, and
Citizens
Communication
·
Ms. Becky Villarreal, ACC/AFT, spoke regarding
adjunct benefits and House Bill 463.
·
Ms. Maria Lyle, ACC, spoke regarding adjunct
benefits.
·
Mr. A. H. Hooser, citizen, spoke regarding tax
freeze for seniors.
·
Ms. Christa Rabago, citizen, spoke regarding tax
freeze for seniors.
·
Ms. Ollie Besteiro, citizen, spoke regarding tax
freeze for seniors.
·
Mr. Larry Garrett, citizen, spoke regarding tax
freeze for seniors.
·
Mr. John Cise, ACC Full-Time Faculty, spoke
regarding compensation.
·
Mr. Mariano Diaz-Miranda, ACC, spoke regarding
Oxford Round Tables.
·
Ms. Evelyn Bowers, AARP, spoke regarding tax
freeze for seniors.
Reports from
Associations
·
Adjunct Faculty Association – Ms. Mary Gilmer,
President, Adjunct Faculty Association, acknowledged the passing of ACC
instructor Stone Young, 84, and stated he would be missed by ACC and the entire
jewelry community. Ms. Gilmer spoke
regarding insurance for adjuncts, compensation, and support for the current
Board Policy F-10, Employee Compensation.
·
Classified Employees Association – Ms. Kathy
Judge, President, spoke regarding compensation; support for current Board
Policy F-10; Employee Compensation; and association activities.
·
Full-Time Faculty Senate – Ms. Linda Welsh,
President, spoke regarding reduction of textbook costs; developmental education
course work; possible establishment of a Deaf Culture Center at ACC, and
inclusion in the College Connection
program.
·
Professional-Technical Employees–
Ms. Judy Van Cleve, President, spoke regarding proposed legislation; Board
Policy E-2, Provision of College Facilities; and professional development.
·
Student Government
Association – Ms. Anastasyia Travina, President, spoke regarding
activities of the Student Government Association and meeting ACC Police Chief
Frankie Waller.
President’s
Report
There was no
report.
Reports to the Board
·
Facilities Update – Mr. Bill Mullane, Director of
Facilities and Construction, provided a report on current construction and
renovation projects. Mr. Mullane, Mr.
Ferrell, Vice President, Business Services, and Dr. Kinslow responded to
questions from Trustees.
·
Financial Report – February 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 $5.1 million increase in Unrestricted Net
Assets, and a $5.8 million increase in Total Net Assets; (2) Fall enrollments
were up about 4.2%; Spring enrollments were also up by 4.2% which exceeded 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 $0.1 million.
In summary,
adjusting revenues by $5.9 million and expenses by $0.8 million, Net Revenues
over Expenses projected a budget surplus of about $5.1 million and an increase
in Total Net Assets of about $5.8 million.
Cash and investments were in line at approximately $112 million,
including $44 million in bond proceeds.
Mr. Ferrell responded to questions from Trustees.
·
Legislative Priorities and 80th Session of
·
Update on Board of Trustees Self-Evaluation - Trustee Nan
McRaven, Board Vice Chair, provided information concerning the recent
evaluation by the Board and issues that impact the College including:
(1)
Vision/Mission of the College - Ms. McRaven stated the Board Officers suggest
that Board Policy A-1, Vision/Mission/Values Statement, would be discussed at
the June 4, 2007, Board meeting;
(2) Community
Outreach - The Board Officers have suggested that four major community forums
be scheduled for during Fiscal Year 2008.
(3)
Communication between Trustees and with President – The Board Officers
suggested that the President communicate, individually, with Trustees regarding
discussion of any issues;
(4) Trustee
Updates – The Officers suggested that quarterly updates be scheduled on the
agenda for Trustees who are involved in major community organizations or major
community college organizations.
(5) Preparation
for Meetings – Board Officers suggested that Trustees commit to reading the
agenda and backup materials in order to be
prepared for discussion of the agenda items.
CONSENT ITEMS
Mr. Hernandez
introduced the items:
Agenda Item 8304
Proposed Approval of Minutes of March 5, 2007, Regular
Meeting and the March 19, 2007, Work Session of the
Recommendation: That the Board of Trustees approve the
minutes as presented.
Agenda Item 8305
Declaration of Program Priorities for Fiscal Year
2008/Resolution
Recommendation: That the Board of Trustees, as required by
Board Policy E-1, Master Planning, approve the Program Priorities for
FY2008/Resolution.
* * * * * * * *
* *
PROGRAM
RESOLUTION
FY 08 COMMUNITY – PRIORITIES DECLARATION
WHEREAS, Austin Community College annually updates its Master Plan to identify program priorities that fulfill its mission statement of expanded educational opportunity for the community, and
WHEREAS, Austin Community College engages both the internal and external community in a dialogue to develop its Master Plan to meet the future needs of the College, and has linked master planning with SACS accreditation principles, and
WHEREAS,
WHEREAS,
BE IT RESOLVED THAT
1. Continue to fund the programs shown in Attachment C.
2. Offer a varied instructional curriculum which meets the legal mandate for public community colleges to offer vocational and technical (workforce) programs; freshman-and sophomore-level academic courses; continuing adult education for academic, occupational, professions, and cultural enhancement; special instructional programs and tutorial services to assist under prepared students and others who need special assistance to achieve their educational goals.
3. Continue to offer general education core curriculum and specialized workforce education courses in support of the programs and certificates listed in the current institutional Catalog.
4. Continue to offer a strong developmental education program to assist under prepared students in entering academic and workforce programs.
5. Continue to support adult education programs at the current level of institutional funding beyond that provided by grants, to promote access to education.
* * * * * * * *
* *
Agenda Item 8306
Interlocal Agreement with
Recommendation: That the Board of Trustees approve the
Interlocal Agreement with the Austin Independent School District (AISD) for
shared parking at ACC’s South Austin Campus (SAC) and AISD’s
Trustees Barbara P. Mink moved and James W. McGuffee
seconded that:
MOTION: The Board of
Trustees of Austin Community College approve Agenda Items 8304, Minutes of the March 5, 2007, Regular
Meeting, and the March 19, 2007, Work Session of the Austin Community College
Board of Trustees; Agenda Item 8305, Declaration of Program
Priorities for Fiscal Year 2008/Resolution; and Agenda
Item 8306, Interlocal Agreement with AISD Crockett
High School for Parking at the South Austin Campus.
VOTE: The motion
passed on a vote of 7-0.
FOR: John F. Hernandez, James McGuffee,
AGAINST: None.
ABSENT: Trustees Lillian J. Davis
and Allen H. Kaplan were absent from the meeting.
* * * * * * * * * * *
INTERLOCAL AGREEMENT FOR SHARED USE OF
PARKING FACILITIES
This Agreement (“Agreement)” is an interlocal agreement entered into pursuant to the Texas Interlocal Cooperation Act, Texas Government Code Chapter 791, and is entered into to be effective the 11th day of May, 2007, between Austin Community College District (”ACC”) and Austin Independent School District (“AISD”).
RECITALS:
WHEREAS Texas Education Code §11.151 grants public school trustees with general authority to govern and oversee the management of the public schools of the district; and
WHEREAS the Texas Education Code § 130.084 provides that the governing board of a junior college district is “governed in the establishment, management and control of a public junior college district by the general law governing the establishment, management and control of independent school districts…”; and
WHEREAS the Texas Local Government Code § 272.001(j) authorizes a political subdivision to “donate, exchange, convey, sell or lease land, improvements or any other interest in real property to an institution of higher education…to promote a public purpose related to higher education…for less than its fair market value and without complying with notice and bidding requirements”; and
WHEREAS, pursuant to such authorities and duties, the Parties
desire to cooperatively share the use of certain parking facilities on the
campus of
NOW THEREFORE, BY THIS Agreement it is mutually understood and agreed by the Parties as follows:
SECTION ONE: THE PARKING FACILITY LOCATIONS
1.1
1.2
ACC has a
parking garage and parking lot located on the South Austin Campus located at
SECTION TWO: PAYMENT
2.1 Neither party will charge for use of the various parking facilities.
SECTION THREE: TERMS OF AGREEMENT
3.1
ACC has permission to park south of the midpoint
driveway in the south section of the
3.2 ACC has permission to use the parking areas along Stassney Lane for use by ACC faculty, staff and student parking for both day and evening activities at the ACC South Austin Campus during a period limited to the summer of 2007, beginning after May 29, 2007 and ending August 14, 2007.
3.3
3.4
ACC may use
parking areas located at
3.5
ACC will provide appropriate signage for the parking
area located on the
3.6
ACC campus security will provide security personnel and
oversight of
SECTION FOUR: MISCELLANEOUS
4.1 The Parties agree to comply fully with all applicable state and local statutes, ordinances, rules and regulations in connection with parking facilities. This Agreement is subject to all applicable present and future valid laws governing such programs.
4.2 Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to the other shall be in writing and may be either (1) delivered by hand to the party or the party’s designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; or (4) delivered by a reputable courier service, to the following address or telecopy number:
Dr. Pascal D. Forgione, Jr.
Superintendent
FAX: 512-414-1486
Austin Community College District
Dr. Stephen B. Kinslow
President
FAX: 512-223-7158
Any party may designate a different agent or address for notice purposes by
giving the other Party ten (10) days written notice in the manner provided
above.
4.3 If changed conditions are encountered during the term of this Agreement, the Agreement may be supplemented or amended under terms and conditions mutually agreeable to the Parties, provided that all such changes, amendments, supplements or modifications shall be in writing.
4.4 This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. No other agreement, statement, or promise made by or to any employee, officer, or agent of any party that is not contained in this Agreement shall be of any force or effect.
4.5 If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such holding causes the obligations of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Parties hereto.
4.6 No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach.
4.7 No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their trustees, officers, employees and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein.
4.8 The meetings at which this Agreement was approved by the Parties’ governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
IN WITNESS THEREOF, the undersigned Parties acting under the authority of their respective governing boards have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original.
APPROVED:
____________________________________ __________________________
John Hernandez, President, Board of Trustees Date
Austin Community College District
APPROVED:
____________________________________ __________________________
Mark Williams, President, Board of Trustees Date
* * * * * * * * * *
DISUSSION AND POSSIBLE ACTION
Agenda Item 8307
Approval of Award of the Contract for Expansion of the
Parking Garage at South Austin Campus
Chair John Hernandez introduced the item
and Mr. Ben Ferrell and Mr. Bill Mullane provided information and recommended
that the Board approve award of a contract to expand the South Austin Campus
parking garage.
In December 2006, the Board approved the
addition of a level and one-half to the parking garage at the South Austin
Campus in order to provide for the campus at its full capacity of 3,000
students, which is expected as early as Fall 2007. The project was approved, and the
Design/Bid/Build delivery method was recommended as providing the best value to
the District. Bids were sought, and the
bid opening was held on March 29, 2007.
The project cost was estimated at $1.9 million, and would be funded from
remaining G.O. bond funds for the South Austin Campus project, and interest
earnings thereon. Construction will
occur during the Summer 2007, and will be completed in time for Fall
classes.
Staff recommended the contract for
expansion of the South Austin Campus parking garage be awarded to SpawGlass
Contractors.
Trustees delayed action on this item until
later in the meeting.
Agenda
Item 8308
Texpool
Resolution Amending Authorized Representatives
Mr. Hernandez introduced the item and Mr. Ben Ferrell
stated that ACC is a participant in the Texpool local government investment
fund. The Board is requested to approve
Mr. Neil Vickers, Director of Finance and Budget, as an additional authorized
representative to make transactions.
This item will be included on the May 7, 2007, Board
agenda.
Agenda
Item 8309
Amendment
to the
Mr. Hernandez introduced the item and Ms. Gerry Tucker
stated the contract for the ACC Money Purchase Plan requires the College to
designate trustees to manage the plan.
The ACC Money Purchase Plan is the alternative retirement plan for
part-time or hourly employees. The
contract needs to be amended to add the current College President and Vice
President of Business Services.
This item will be included on the May 7, 2007, Board
agenda.
Agenda
Item 8310
Service
Area Boundary Changes
Mr. Hernandez introduced the item and Ms. Linda Young
discussed the following proposed changes to the boundaries of the Austin
Community College District, as proposed in House Bill 3236, and as supported by
Blinn College: (a) assign the small
portion of Elgin ISD which is in Lee County, in Blinn College’s Service Area,
to ACC’s Service Area; (b) assign the small lportion of Smithville ISD which is
in Fayette County, in Blinn College’s Service Area, to ACC’s Service Area; and
(c) assign the small portion of Lexington ISD which is in Bastrop County, ACC’s
Service Area, to Blinn College’s Service Area.
Trustees
MOTION:
The Board of Trustees of Austin Community College approve the following
changes to the boundaries of the Austin Community College District: (a) assign the small portion of Elgin ISD which
is in Lee County, in Blinn College’s Service Area, to ACC’s Service Area; (b)
assign the small lportion of Smithville ISD which is in Fayette County, in
Blinn’s College’s Service Area, to ACC’s Service Area; and (c) assign the small
portion of Lexington ISD which is in Bastrop County, ACC’s Service Area, to
Blinn College’s Service Area.
VOTE: The motion
passed on a vote of 7-0.
FOR: John F. Hernandez, James McGuffee,
AGAINST: None.
ABSENT: Trustees Lillian J.
Davis and Allen H. Kaplan were absent from the meeting.
Appreciation was expressed
to staff for their excellent work for the good of the public.
Agenda Item 8307 (continued)
Approval of Award of the Contract for Expansion of the
Parking Garage at South Austin Campus
Trustees discussed the contract
and proposed action recommended by staff.
Trustees
MOTION: The Board of
Trustees of Austin Community College approve the award of a contract for
expansion of the South Austin Campus parking garage to SpawGlass Contractors in
the total amount of $2,045,000 to include:
Base bid: Construction of one
additional level of parking (to 4 ½ floors), adding 106 parking spaces; plus
Alternate 1: construction of a hydraulic
elevator, including hoistway, landings, electrical and mechanical
infrastructure, and security camera system; and plus Alternate 2: Construction of one half additional level of
parking (to 5 floors) adding 53 more parking spaces, plus extension of the
elevator and hoistway to the fifth level.
VOTE: The motion
passed on a vote of 7-0.
FOR: John F. Hernandez, James McGuffee,
AGAINST: None.
ABSENT: Trustees Lillian J.
Davis and Allen H. Kaplan were absent from the meeting.
Agenda
Item 8311
Fiscal
Year 2008 Budget Study: Facilities
(Policy Compliance Report: E-2,
Provision of College Facilities)
Mr. Hernandez introduced the item and Mr. Bill Mullane
provided information concerning the Value Statements and responded to questions
from Trustees.
Agenda Item 8312
Discussion
and Possible Action regarding Acquisition of Property in the Vicinity of the Round
Rock Higher Education Center
Mr. Hernandez introduced the item.
Recess
Mr. Hernandez recessed the April 2, 2007, Regular Meeting
of the Board of Trustees of Austin Community College into Executive Session at
8:20 p.m. for consultation with legal counsel regarding the purchase, exchange,
lease or value of real property, including possible acquisition of land in the
vicinity of the Round Rock Higher Education Center, pursuant to Government Code
551.072.
Reconvene
The Board of Trustees of Austin Community College reconvened in public session at 9:21 p.m. on April 2, 2007, pursuant to Texas Government Code 551.
Agenda Item 8312 (Continued)
Discussion
and Possible Action regarding Acquisition of Property in the Vicinity of the
Trustees Veronica
Rivera moved and Rafael Quintanilla seconded that:
MOTION: The Board of
Trustees of
VOTE: The motion
passed on a vote of 7-0.
FOR: John F. Hernandez, James McGuffee,
AGAINST: None.
ABSENT:
Trustees Lillian J. Davis and Allen H. Kaplan were absent from the
meeting.
Announcements
There were no announcements.
Adjournment
Having no motion before the Board, the April 2, 2007, Regular Meeting of the Austin Community College Board of Trustees was adjourned at 9:23 p.m.
Approved By
Veronica
Rivera, Secretary