MINUTES

Regular Meeting – Board of Trustees

December 3, 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, December 3, 2007, at 6:10 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 [arrived at 6:30 p.m.], Board Vice Chair; Dr. James W. McGuffee, Board Secretary; Mr. Allen H. Kaplan; Dr. Barbara P. Mink [arrived at 7:15 p.m.]; Mr. Rafael Quintanilla, Mr. Jeffrey Richard [arrived at 6:25 p.m.]; and Ms. Veronica Rivera. 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

· Student Profile – Dr. Kathleen Christensen, Vice President for Student Support and Success System, introduced Ms. Hyein Oh, a pre-med student. Ms. Oh stated that she was born in South Korea and moved to Houston as a child. She stated that she liked her ACC classes and the professors were very helpful. She also expressed appreciation for the convenience of ACC locations and for the affordability of classes. Chair Hernandez expressed appreciation to Ms. Oh for her remarks.

· Ms. Stephanie Dempsey, Executive Director of the ACC Foundation, and Mr. Mike Dellens, ACC math professor, presented scholarships to the eight students at Austin Community College who won math awards after competing in the American Mathematical Association of Two-Year Colleges Student Math League. ACC finished first of 16 schools in the Southwest Region, and tied for 12th overall out of 179 colleges.

o Arnold Nguyen, who scored third overall in the region, is an Austin native majoring in biology who hopes to teach or do research.

o Darwin Natapradja scored fifth regionally, tied with Young Park. The Indonesia native majors in mechanical engineering and plans to transfer to UT.

o Young Park, a native of Korea, plans to transfer to UT as a history major.

o Scott Stoller is co-enrolled at ACC while a senior at Westlake High School. He plans to major in electrical engineering at Texas A&M University.

o Michael Sustantyo, who also won last year, is from Indonesia. His major is petroleum engineering and he plans to transfer to UT.

o Aaron Smith is home-schooled and this is his first semester attending ACC. He plans to major in engineering at Texas A&M University.

o Dustin Estetter was born in Texas but attended high school in Florida. After earning an associate degree in Business Administration from ACC, he plans to transfer to Texas State University-San Marcos.

o Daniel Miller, an Austin native, is co-enrolled in high school. He is considering a career in biomedical engineering.

Trustees expressed appreciation and congratulations to each of the math contest winners.

Citizens Communication

Mr. Steven Bradley, ACC faculty, addressed the Board of Trustees regarding direct deposit.

Reports from Associations

· Adjunct Faculty Association – Mr. James Nelson, President, provided updated information regarding Association activities and the success of the recent silent auction benefiting the ACC Scholarship. He expressed appreciation to Trustees for their service and for having he opportunity to serve the Association has to serve the students, College, and community. He also expressed appreciation to Dr. Stephen Kinslow, College President, for his work with the Adjunct Faculty Association.

· Classified Employees Association – No report was presented.

· Full-Time Faculty Senate – Dr. Mariano Diaz-Miranda, President, spoke regarding textbook costs and assistance by Dr. Terry Thomas, faculty member.

· Professional-Technical Employees– Mr. David Borden, President, spoke regarding Association activities and expressed appreciation to the Board of Trustees, President Kinslow, and Association for leadership.

· Student Government Association – Mr. Josh Whitcomb, President, spoke regarding Association activities, childcare survey, and the Rio Review.

President’s Report

Dr. Stephen B. Kinslow, College President, provided information regarding meetings of ACC and The University of Texas concerning transfer opportunities between the 4-year systems. He also called attention to meetings between the Board of Trustees/ACC Foundation/and ISDs regarding the College Connection program.

[Trustee Jeffrey Richard arrived at the meeting at 6:25 p.m.]

Reports to the Board

· Facilities Update – Mr. Bill Mullane, Executive Director of Facilities and Construction, called attention to current construction and renovation projects, GO Tax Bond Projects, District-Wide Renovation Projects, and Detailed Usage of Interest Earnings.

[Trustee Nan McRaven arrived at the meeting at 6:30 p.m.]

· Financial Report – October 2007 – Mr. Ben Ferrell, Vice President, Business Services, called attention to the information provided including:

o The College’s budget was on track and projecting a positive $2.5 million Net Revenues & Expenses, and a $4.1 million increase in Total Assets.

o Fall enrollments were up about 2.3%. This slightly exceeded the original projections of 2% growth and, therefore, tuition revenues were projected to be on track.

o As for expenses, Adjunct Faculty and Overloads were projected to slightly exceed original 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 under budget by $2.3 million.

In summary, adjusting revenues by $0.7 million and expenses by $1.8 million, Net Revenues over Expenses projected a budget surplus of about $2.5 million and an increase in Total Net Assets of about $4.1 million. Cash and investments were in line at approximately $81 million, including $36 million in bond proceeds.

Mr. Ferrell responded to questions from Trustees.

· Student Forum - Trustee Jeffrey Richard reported on the November 14 Student Forum held at the Riverside Campus which he and Trustee Mink attended with approximately 20-25 students. Mr. Richard highlighted some of the topics discussed.

· Trustee Reports on Community Interactions, Professional Development, etc.

o Trustee McRaven reported on an English-as-a-Second Language class she addressed at the Rio Grande Campus.

o Trustee Kaplan spoke regarding meetings for creating a Trustee organization for Texas and his participation in ISD meetings regarding College Connections scholarships.

o Trustee Veronica Rivera spoke regarding a meeting of the ACC Foundation; a celebration Gala on the 35^th anniversary; and involvement of 15 members of the Foundation board in fund raising.

CONSENT ITEM(S)

Mr. Hernandez introduced the Consent Items:

Agenda Item 8395

Proposed Approval of Minutes of November 5, 2007, Regular Meeting and November 19, 2007, Forum of the Austin Community College District Board of Trustees

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

Agenda Item 8396

Proposed Associate of Applied Science Degree and Related Certificate in Auto Body Collision and Refinishing

Recommendation: That the Board of Trustees approve an Associate of Applied Science Degree and Related Certificate in Auto Body Collision and Refinishing.

Agenda Item 8397

Appointment to the Board of Directors, Waller Creek Tax Reinvestment Zone

Recommendation: That the Board of Trustees approve the appointment of William Mullane, Executive Director, Facilities and Construction, to the Board of Directors of the Waller Creek Tax Increment Financing Reinvestment Zone.

Trustees Allen Kaplan moved and Nan McRaven seconded that:

MOTION: The Board of Trustees of the Austin Community College District approve Agenda Items 8395, Minutes of November 5, 2007, Regular Meeting and November 19, 2007, Forum of the Austin Community College District Board of Trustees; Agenda Item 8396, Proposed Associate of Science Degree and Related Certificate in Auto Body Collision and Refinishing; and Agenda Item 8397, Appointment of William Mullane, Executive Director, Facilities and Construction, to the Board of Directors of the Waller Creek Tax Increment Financing Reinvestment Zone.

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

FOR: John Hernandez; Allen H. Kaplan; James W. McGuffee; Nan McRaven; Rafael Quintanilla; Jeffrey Richard; Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Lillian J. Davis and Barbara P. Mink.

Agenda Item 8398

Certification of Voter Petitions for the Balance of Round Rock Independent School District

Mr. Hernandez introduced the item and Ms. Linda Young, Special Assistant to the President for Governmental and Community Relations, stated that staff had reviewed and certified 4,500 signatures of the 8,000 presented. She recognized Ms. Alicia del Rio, ACC Coordinator, and Mr. Glen Colby, Co-Chair of the ACCtion4Education Committee for their assistance. Ms. Young discussed the certification process and stated that 3,952 signatures were required and that 4,500 were certified of the 8,000 presented. Trustees reviewed the voter petitions.

Trustees Veronica Rivera moved and Nan McRaven seconded that:

MOTION: The Board of Trustees of the Austin Community College District certify the voter petitions for an annexation election in the balance of the service area of the Round Rock Independent School District.

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

FOR: John Hernandez; Allen H. Kaplan; James W. McGuffee; Nan McRaven; Rafael Quintanilla; Jeffrey Richard; Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Lillian J. Davis and Barbara P. Mink.

Trustees expressed appreciation to the Committee and ACC staff for their work.

Agenda Item 8399

Selection of Architect/Engineer for Proposed Round Rock Campus

Mr. Hernandez introduced the item and Mr. Bill Mullane, Executive Director, Facilities and Operations, provided information and stated that the staff review identified five firms which staff believed were well-qualified: Hellmuth, Obata + Kassabaum; 3D/International (Parsons Architecture); Skidmore Owings & Merrill/Aguirre Corp; PBS&J; and GS&C.

Trustees Jeffrey Richard moved and Nan McRaven seconded that:

MOTION: The Board of Trustees of the Austin Community College District select GS&C (Graeber, Simmons & Cowan) as the Architect/Engineer for the Proposed Round Rock Campus.

Trustees spoke to the motion.

[Trustee Barbara P. Mink arrived at the meeting at 7:15 p.m.]

VOTE: The motion passed on a unanimous vote of 8-0.

FOR: John 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.

Trustees expressed appreciation to staff and architects for their presentations and assistance.

Agenda Item 8400

Approval of Delivery Method for Construction of Parking Lot at Pinnacle Campus

Mr. Hernandez introduced the item and Mr. Bill Mullane provided information concerning construction delivery methods permitted by the Education Code Section 44.031, applicable to community colleges. Mr. Mullane stated that staff recommended the Design/Bid/Build method due to the lack of complexity of the project, and the services required (and as approved for Northridge and Cypress Creek Campuses parking lots).

Trustees Nan McRaven moved and Rafael Quintanilla seconded that:

MOTION: The Board of Trustees of the Austin Community College District approve the Design/Bid/Build construction delivery method for the parking lot at the Pinnacle Campus.

VOTE: The motion passed on a unanimous vote of 8-0.

FOR: John 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 8401

Workers Compensation Insurance Renewal

Mr. Hernandez introduced the item and Ms. Rebecca Cole, ACC Environmental Health Safety and Insurance Director, stated that the Workers Compensation insurance contract would expire on February 1, 2008. She stated that a Request for Proposal (RFP) process was followed to provide insurance coverage. An assessment of the bids was performed and a selection made based on best value. Staff recommended awarding the renewal of the Workers Compensation insurance contract to Texas Association of School Boards (TASB). Approval of the recommended carrier would result in a savings of $69,903 over Fiscal Year costs for Workers Compensation insurance. Ms. Cole responded to questions from Trustees.

Chair Hernandez stated this item would be included on the Consent Agenda for the January 14, 2008, Board meeting.

Agenda Item 8402

Environmental Sustainability Practices

Mr. Hernandez introduced the item and Mr. Bill Mullane presented a brief report on sustainability practices, various initiatives being discussed nationally, what ACC is doing currently, and what it proposed to do, in response to sustainability issues.

Trustee Rivera expressed appreciation to staff for the information provided. She stated this was a good start. She asked Trustees to look at a new policy, not just on building but also on a waster management plan. She suggested that it needed to begin with a new policy and stated this was the time to do it. Trustees indicated a need for reduction of paper, including a possible need for a task force to review what ACC is doing internally and what could be done to reduce paperwork within the next year. Trustee Rivera asked for feedback from ACC associations and ACC environmental groups that could be included in a policy. Trustee McGuffee and Dr. Kinslow, College President, stated they would seek information and work on a policy.

Agenda Item 8403

Approval to Negotiate a Partial Settlement Agreement of Construction Dispute

Agenda Item 8404

Approval to Negotiate New Lease for Construction Shop Relocation in the Vicinity of the South Austin Campus

Agenda Item 8405

Mid-Year Evaluation of College President

Chair Hernandez introduced the items.

Executive Session

Chair Hernandez recessed the December 3, 2007, meeting of the Austin Community College District Board of Trustees into Executive Session at 7:43 p.m. to consult with legal counsel regarding the purchase, exchange, lease or value of real property, including negotiation of a lease for the relocation of the Construction Shop, pursuant to Government Code §551.072; pending or contemplated litigation or a settlement offer, including a partial settlement agreement of a construction contract dispute, and other litigation pursuant to Government Code §551.071; and/or relating to personnel matters, including the mid-year, informal evaluation of College President Stephen B. Kinslow, pursuant to Government Code §551.074.

Reconvene

The Board of Trustees of the Austin Community College District reconvened in public session pursuant to Texas Government Code Section 551 on December 3, 2007, at 9:43 p.m.

[Trustee Rafael Quintanilla left the meeting at 9:42 p.m.]

Agenda Item 8403

Approval to Negotiate a Partial Settlement Agreement of Construction Dispute

Chair Hernandez introduced the item.

Trustees Nan McRaven moved and Veronica Rivera seconded that:

MOTION: That the Administration be allowed to continue to negotiate the settlement agreement of construction contract dispute with the parameters outlined in Executive Session.

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

FOR: John Hernandez; Allen H. Kaplan; James W. McGuffee; Nan McRaven; Barbara P. Mink; Jeffrey Richard; Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Lillian J. Davis and Rafael Quintanilla.

Agenda Item 8404

Approval to Negotiate New Lease for Construction Shop Relocation in the Vicinity of the South Austin Campus

Chair Hernandez introduced the item.

Trustees James McGuffee moved and Nan McRaven seconded that:

MOTION: That the Board of Trustees approve the negotiation of a new lease to relocate the construction shop currently located in the Skill Center at the Rio Grande Campus in accordance with the directions given by the Board in Executive Session.

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

FOR: John Hernandez; Allen H. Kaplan; James W. McGuffee; Nan McRaven; Barbara P. Mink; Jeffrey Richard; Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Lillian J. Davis and Rafael Quintanilla.

Agenda Item 8405

Mid-Year Evaluation of College President

Chair Hernandez introduced the item and expressed appreciation to Trustees for their participation in the evaluation. He stated the evaluation was very good and went very well.

Adjournment

Having no motion before the Board, the December 3, 2007, meeting of the Austin Community College District Board of Trustees was adjourned at 9:45 p.m.

Approved By

James W. McGuffee, Board Secretary