MINUTES

Regular Meeting – Board of Trustees

January 14, 2008

 

 

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 14, 2008, at 6:03 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 [arrived at 6:07 p.m.]; Dr. James W. McGuffee, Board Secretary; Mr. Allen H. Kaplan; Dr. Barbara P. Mink; Mr. Rafael Quintanilla; and Mr. Jeffrey Richard.  Trustees Lillian J. Davis and Veronica Rivera 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

·        Student Profile – Dr. Kathleen Christensen, Vice President for Student Support and Success System, introduced David Dunkin, ACC student in the Human Services program. Mr. Dunkin advised that he had attended college earlier in Waco, but did not get a degree. He moved to Austin to be near his daughter and is now attending ACC.  Mr. Dunkin is an honor student in Human Services.  He will graduate from ACC in May 2009 and hopes to transfer to The University of Texas to complete his Bachelor’s degree in social services, and his Master’s in Psychology.  He looks forward to working in drug counseling and, eventually, in psychological research to help people.  He stated he is proud to serve as Vice President of Phi Theta Kappa at the Rio Grande Campus for the Spring semester. Mr. Dunkin has contributed more than 100 hours to community projects since becoming a member of Phi Theta Kappa.  He commented on the accessibility and affordability of ACC; instructors who are ready to go the extra mile to assist students in every way possible; and staff who are always helpful.  Chair Hernandez expressed appreciation to Mr. Dunkin for his remarks. 

 

Citizens Communication

No one registered to address the Board of Trustees.

 

Reports from Associations

·        Adjunct Faculty Association – Mr. Mike McCarthy, Treasurer and Eastview Campus Representative, provided information regarding Association activities and the success of the recent silent auction benefiting the ACC Scholarship fund.  He expressed appreciation to Trustees for their service and for having the opportunity 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 – Ms. Lisa Buck, President, spoke regarding the success of various fundraising activities to assist the Capital Area Food Bank and the Association’s emergency fund.

·        Full-Time Faculty Senate – Dr. Dan Dydek, President-Elect, advised that the Senate President was unable to attend the meeting and no report would be presented.

·        Professional-Technical Employees– No report was presented.

·        Student Government Association – No report was presented.

 

President’s Report

Dr. Stephen B. Kinslow, College President, provided information regarding a recent Leander ISD Board meeting which he and Trustee Kaplan attended and in which a citizen’s group donated $3,228.51 to the ACC Foundation for ACC’s College Connection program; highlighted and complimented ACC’s Culinary Arts, Hospitality Management, Travel and Tourism, and Meeting and Event Management programs for sponsoring and producing the Mayor’s Balcony VIP Reception during Austin’s annual First Night celebration held on New Year’s Eve; ACC’s Cypress Creek Campus received national coverage in the December 2007 issue of College Planning & Management magazine as one of four community college projects to be highlighted; The Community College Business Officers recently named Ben Ferrell, Vice President of Business Services, as the 2007 Outstanding Business Officer; introduced ACC’s Leader ship and President’s “Above and Beyond Award” recipients:  Ms. Alice Farmer, Administrative Assistant at the Round Rock Higher Education Center - Classified Employee of the Year; Mr. Frankie Waller, ACC Chief of Police - Professional-Technical Employee of the Year and; Dr. Gary Hampton, Dean of Applied Technologies, Multimedia, and Public Service -Administrator of the Year; Dr. Luanne Preston, Executive Director of Early College Start and College Connection - Servant Leadership Award; and Mr. Tung Vu, Learning Lab Math Tutor at the Pinnacle Campus - Student Success Award.  Mr. Waller, Dr. Hampton, and Mr. Vu expressed appreciation for the awards. 

 

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.  Dr. Kinslow, Mr. Mullane and Ms. Rebecca Cole, Director of Environmental Health, Safety and Insurance, responded to questions from Trustees.

 

·        Financial Report – November 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 $2.8 million Net Revenues & Expenses, and a $4.3 million increase in Net Assets.

o       Fall enrollments were up about 2.3%.  This slightly exceeds the original projections of 2% growth and, therefore, tuition revenues were projected to be on track.  With only a few weeks of Spring enrollments book through November, it was early to project Spring results, but Spring enrollments were 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 $2.7 million.

 

In summary, adjusting revenues by $0.5 million and expenses by $2.3 million, Net Revenues over Expenses projected a budget surplus of about $2.8 million and an increase in Net Assets of about $4.3 million.  Cash and investments were in line at approximately $80 million, including $36 million in bond proceeds.

 

Mr. Ferrell responded to questions from Trustees.
                                                                 

CONSENT ITEM(S)

 

Mr. Hernandez introduced the Consent Items:

 

Agenda Item 8406

Proposed Approval of Minutes of December 3, 2007, Regular Meeting of the Austin Community College District Board of Trustees

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

 

Agenda Item 8407

Proposed Approval of Workers Compensation Insurance Renewal

Recommendation:  That the Board of Trustees award the renewal of the Workers Compensation insurance contract to the Texas Association of School Boards (TASB).

 

Trustees Nan McRaven moved and Barbara Mink seconded that:

MOTION:  The Board of Trustees of the Austin Community College District approve Agenda Items 8406, Minutes of the December 3, 2007, Regular Meeting of the Austin Community College District Board of Trustees; Agenda Item 8407, Proposed Approval of Workers Compensation Insurance Renewal.

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

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

AGAINST:  None.

ABSENT:  Trustees Lillian J. Davis and Veronica Rivera.

 

Agenda Item 8408

FY07 External Audit/Management Letter

Mr. Hernandez introduced the item and Mr. Ben Ferrell provided information.  Texas Higher Education Code 61.605(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 is with the Board of Trustees, rather than the College administration; consequently, the auditors address the report to the Board. 

 

Mr. Ferrell introduced Mr. Wayne McConnell of McConnell & Jones, CPA’s, Houston, Texas.  Mr. McConnell stated the audit gave ACC an unqualified (clean) opinion.  An unqualified opinion assures the Board that the financial statements present fairly in all material respects the financial position of the District as of August 31, 2007, and were prepared in conformity with applicable accounting and auditing standards for governmental colleges and universities in the United States.  In addition, the District included statistical data in the audit as required by the Government Finance Officers Association (GPOA) in order to provide the public with an enhanced understanding of District finances.  There were no management letter recommendations from the auditors for Fiscal Year 2007.

 

Trustees Nan McRaven moved and Jeffrey Richard seconded that:

MOTION:  The Board of Trustees accept the Fiscal Year 2007 Financial Audit Report.

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

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

AGAINST:  None.

ABSENT:  Trustees Lillian J. Davis and Veronica Rivera.

 

Agenda Item 8409

Discussion of Legislative Agenda

Mr. Hernandez introduced the item and Ms. Linda Young, Special Assistant to the President for Government and Community Relations, provided information regarding key dates for the ACC legislative agenda.  Trustees discussed topics to be included as possible State legislative issues.  Mr. Kaplan presented information regarding the recently established Community College Association of Texas Trustees (CCATT).

 

Agenda Item 8410

Approval of Equipment Lease Purchase Agreement

Mr. Hernandez introduced the item and Mr. Ben Ferrell stated formal action by the Board of Trustees was needed to use lease financing.  Mr. Ferrell stated the College has been in the process of upgrading its telecommunications equipment during the past two years.  Upgrades were originally planned in concert with campus construction and renovation projects; however, staff determined that it would be beneficial for the College to accelerate the upgrades on a district-wide basis in FY2008 to gain efficiencies and to standardize equipment at all ACC locations.  The Tech Plan for FY2008 included the purchase and financing of all the equipment necessary to complete the project during the fiscal year and requested the FY2008 lease payment amount, which was approved as part of the College budget on July 9, 2007.

 

In conjunction with the financing of the project, staff requested that the Board approve a lease purchase agreement for the equipment.  The approval provides assurance that the Board is aware of the particulars of the financing arrangement and ensures the tax-exempt status of the financing agreement.

 

Trustees Allen Kaplan moved and James McGuffee seconded that:

MOTION:  The Board of Trustees approve the use of a lease purchase agreement for telecommunications equipment as approved in the FY2008 budget.

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

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

AGAINST:  None.

ABSENT:  Trustees Lillian J. Davis and Veronica Rivera.

 

Agenda Item 8411

Approval to Negotiate Lease for Photography Studio

Mr. Hernandez introduced the item.  Mr. Ferrell and Mr. Bill Mullane provided information.  The shop currently used by the Photography Department is located in space leased at Metric Center.  The current leased space no longer meets the needs of the Department, and more suitable spaces are available at favorable lease rates.  He stated that Board approval was required for staff to proceed with formal negotiations of a lease and funds for lease payments were included in the facilities operating budget.

 

Trustees Allen Kaplan moved and Rafael Quintanilla seconded that:

MOTION:  That the Board of Trustees approve negotiation of a lease for the ACC Photography Studio.

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

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

AGAINST:  None.

ABSENT:  Trustees Lillian J. Davis and Veronica Rivera.

 

Agenda Item 8412

Approval of Lease of Space for the Construction Shop

Mr. Hernandez introduced the item.

 

Agenda Item 8413

Consideration of Trustee Vacancies

Mr. Hernandez introduced the item.

 

Executive Session

Chair Hernandez recessed the January 14, 2008, meeting of the Austin Community College District Board of Trustees into Executive Session at 7:16 p.m. to consult with legal counsel regarding the purchase, exchange, lease or value of real property, including approval of a lease for the Construction Shop, pursuant to Government Code §551.072; pending or contemplated litigation or a settlement offer pursuant to Government Code §551.071; and/or relating to personnel matters, including deliberation regarding applicants for Trustee vacancies, 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 January 14, 2008, at 7:45 p.m.

 

Agenda Item 8412

Approval of Lease of Space for the Construction Shop

Mr. Hernandez introduced the item.

 

Trustees Allen Kaplan moved and Jeffrey Richard seconded that:

MOTION:  The Board of Trustees approve entering into a lease for relocating the Construction Shop to the vicinity of the South Austin Campus as discussed in Executive Session and to authorize Dr. Stephen B. Kinslow or his designee to execute a lease with a base rent not to exceed $16,592 per month until April 2009 and, thereafter, having an annual increase not to exceed three percent per year and other terms and conditions as Dr. Kinslow may find favorable or advantageous.

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

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

AGAINST:  None.

ABSENT:  Trustees Lillian J. Davis and Veronica Rivera.

 

Agenda Item 8413

Consideration of Trustee Vacancies

Mr. Hernandez introduced the item. 

Trustees James W. McGuffee moved and Barbara P. Mink seconded that:

MOTION:  The ACC Board of Trustees call a Special Election to elect a Trustee for Place 5 and that this Special Election be held at the same time as the General Election in May 2008 for Places 1, 2, and 3. 

Trustee McGuffee stated that Trustee Quintanilla would be the incumbent in the Place 5 position until the results of the May 2008 Special Election are known and the winner would then serve in Place 5.

VOTE:  The motion passed on a unanimous vote of 6-0.

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

AGAINST:  None.

ABSTAIN:  Trustee Rafael Quintanilla.

ABSENT:  Trustees Lillian J. Davis and Veronica Rivera.

 

Adjournment

Having no motion before the Board, the January 14, 2008, meeting of the Austin Community College District Board of Trustees was adjourned at 7:48 p.m.

 

Approved By

James W. McGuffee, Board Secretary