MINUTES

Regular Meeting – Board of Trustees

March 3, 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, March 3, 2008, at 6:06 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; Dr. James W. McGuffee, Board Secretary; Mr. Allen H. Kaplan; Barbara P. Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard; 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 Spotlight – Ms. Dora Rutledge, – GED Student. Mr. Mike Midgley, Vice President for Workforce Education and Business Development, introduced Ms. Dora Rutledge, recent GED completer and her daughter, Alexia. Ms. Rutledge enrolled in the ACC GED program in January 2007 after seeing the program advertised in a flyer. She expressed appreciation for having the opportunity to take the classes at no cost, because that is not an option in Mexico. She stated her excitement in taking the classes and she said she enjoyed all of them--especially the social studies classes. Ms. Rutledge said it is hard to work, raise a child, and attend classes, but the instructors were great, helpful, and encouraging. She has taken her last test and hopes to receive her score soon so that she can plan for her future. She hopes to be involved with education and will continue her studies at ACC. Chair Hernandez expressed appreciation to Ms. Rutledge for her remarks and for her daughter’s attendance at the meeting.

Citizens Communication

The following individual addressed the Board of Trustees:

· Dr. Richard Armenta, Associate Vice President for Student Success, spoke regarding the recent El Baile fund raiser. Dr. Armenta stated that a total of $4,200 was raised. He expressed appreciation to Ms. Laura Juarez de Ku and Ms. Diane Gonzales, officers of the ACC Chapter of the Texas Association of Chicanos in Higher Education, for their assistance. Chair Hernandez complimented the group.

Reports from Associations

· Adjunct Faculty Association – Mr. James Nelson, President, reminded Trustees of the Association’s March 28, 2008, Spring meeting and stated that candidates for the ACC Board of Trustees would be presented.

· Classified Employees Association – Ms. Lisa Buck, President, expressed appreciation for having the opportunity to attend the event held at the Riverside Campus last week with former President Bill Clinton. She advised that pay for Classified staff was favorably resolved with College administration to allow Classified staff to choose to continue between bi-weekly or monthly pay for the remainder of Fiscal Year 2008. Ms. Buck stated that any new staff employed after September 1, 2008, would automatically be paid monthly. She inquired regarding Trustee visits to campuses possibly during evening hours.

· Full-Time Faculty Senate – Dr. Mariano Diaz-Miranda, President, suggested that the proposed new campus in Round Rock should be used as a model for all future campuses. He expressed appreciation for faculty in the classrooms to be asked about their needs.

· Professional-Technical Employees Association – Mr. David Borden, President, expressed appreciation for the recent luncheon for employees and for the attendance of Trustees Kaplan and Mink. Trustees were invited to attend the Association’s networking luncheon to be held on March 28 in the Highland Business Center, Room 201. He spoke regarding activities of the Association.

· Student Government Association – Mr. Josh Whitcomb, President, expressed appreciation for the opportunity to participate in the National ACCT Legislative Summit held in Washington, D.C., in February and for the opportunity to introduce Chelsea Clinton at a recent event at the South Austin Campus. He spoke regarding activities of the Association.

President’s Report

Dr. Stephen B. Kinslow, College President/CEO, presented Mr. Josh Whitcomb with a photograph of Senator John Cornyn with Mr. Whitcomb during the recent visit to Washington, D. C. Dr. Kinslow advised that the Master Plan and budget review processes were going well. He spoke regarding a meeting with representatives from The University of Texas and Texas A&M from across the state to discuss transfer options and financial aid policies. He expressed appreciation to ACC employees who assisted in the recent events held on the Riverside and South Austin Campuses with former President Bill Clinton and Chelsea Clinton. Dr. Kinslow reminded Trustees of the March 10-16 Spring Break and support services available.

Chair Hernandez expressed appreciation for assistance provided by ACC employees and the security detail provided during the recent Clinton events held at ACC campuses.

Reports to the Board

· Facilities Update – Mr. Bill Mullane, 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.

· Financial Report – January 2008 – 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 $2.4 million Net Revenues & Expenses, and a $7.5 million increase in Total Assets.

o Fall enrollments were up about 2.3%. Spring enrollments were up 3.6%. This is a combined increase of about 2.9%, which exceeds the original projections of 2% growth, and, therefore, tuition revenues are projected to be slightly above budget.

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 $2.2 million.

In summary, adjusting revenues by $1.0 million and expenses by $1.4 million, Net Revenues over Expenses projected a budget surplus of about $2.4 million and an increase in Total Net Assets of about $7.5 million. Cash and investments were in line at approximately $95 million, including $35 million in bond proceeds.

· Student Forums :

o Trustees John Hernandez and Jeffrey Richard provided information regarding Student Forums held at the South Austin Campus on February 7 and at the Northridge Campus on February 19.

o Report on 2008 ACCT National Legislative Summit, Washington, D.C. – Vice Chair McRaven stated the Summit attendance was the largest for this event. She expressed appreciation to Linda Young, Special Assistant to the President for Governmental and Community Relations, for organizing the trip and the schedule of legislative visits. Trustee McRaven called attention to the importance of having Mr. Josh Whitcomb, President of the ACC Student Government Association, to meet with members of the U.S. Congress to provide information from a student’s perspective. Trustees Allen Kaplan and Veronica Rivera also commented regarding the meetings with legislators.

· ACC 35^th Anniversary Celebration – Trustee Veronica Rivera stated this was discussed with the ACC Foundation Board and input was needed to determine what kind of celebration was desired to involve the entire community and showcase ACC.

CONSENT ITEM(S)

Agenda Item 8419

Minutes of the January 14, 2008, Regular Meeting; January 31, 2008, Round Rock Public Hearing; and February 4, 2008, Regular Meeting of the Austin Community College District Board of Trustees

Chair Hernandez introduced the item.

Trustees Nan McRaven moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees approve Agenda Item 8419, Minutes of the January 14, 2008, Regular Meeting; January 31, 2008, Round Rock Public Hearing; and February 4, 2008, Regular Meeting of the Austin Community College District Board of Trustees.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

DISCUSSION/POSSIBLE ACTION

Agenda Item 8420

Calling the ACC General Trustee Election

Chair Hernandez introduced the item. Ms. Linda Young, Special Assistant to the President for Governmental and Community Relations, provided information regarding the item including Calling the ACC General Election for Places 1, 2, and 3; the Polling Places; the Early Vote Day; the Election Day; and three additional items including one-year agreements between the county election offices and ACC. She stated that staff requested that ACC campuses be used as voting locations wherever possible. She said Agenda Item 8421 would be covered by these same documents.

Trustees Allen Kaplan moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees call the ACC General Trustee Election for Places 1, 2, and 3 on the ACC Board of Trustees for May 10, 2008.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8421

Calling a Special Trustee Election

Chair Hernandez introduced the item

Trustees Allen Kaplan moved and James McGuffee seconded that:

MOTION: The Board of Trustees call a Special Trustee Election on May 10, 2008, for the remaining term of office for Place 5 on the Board of Trustees.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8422

Calling of Special Election for Round Rock Annexation

Chair Hernandez introduced the item. Ms. Linda Young provided information including: Order Calling the Special Election and the Polling Places for the Round Rock Election. She stated that there would be an adjustment to the Election Day Polling Places because ACC had requested before negotiation with Williamson County for the Round Rock Election to have voting at the Round Rock Higher Education Center. ACC requested that it be included, Williamson County agreed, but the revised document had not been received.

Trustees Allen Kaplan moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees call a Special Election to annex the balance of the Round Rock ISD territory not already included in the ACC tax base, on May 10, 2008.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8423

Approval of Proposed Interlocal Cooperation Contract with the

State Energy Conservation Office

Chair Hernandez introduced the item. Mr. Mike Midgley, Vice President for Workforce Education and Business Development, provided information concerning the proposed contract to provide funding in the amount of $30,000 to support ACC’s development of Alternative Energy (Solar) curriculum, and certification of ACC instructors. The contract is for a one-year period. Texas Government Code 791.011 requires Board approval of Interlocal Cooperation Agreements. Costs associated with the proposal are to be funded by the State Energy Conservation Office.

Trustees James McGuffee moved and Barbara Mink seconded that:

MOTION: The Board of Trustees approve the proposed Interlocal Cooperation Contract with the State Energy Conservation Office as detailed in Agenda Item 8423.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

(See Exhibit A - Minutes of March 3, 2008, Meeting)

Agenda Item 8424

Selection of Construction Delivery Method for Northridge Campus Renovation

Chair Hernandez introduced the item. Mr. Ben Ferrell stated the Board approved the creation of the Games Development Institute as a Master Plan initiative on July 9, 2007. The College needs to modify space at the Northridge Campus to support growth in this program. Texas Education Code Section 44.035 requires the Board of Trustees to determine a construction method that delivers the best value to the District. Staff recommended the Job Order Contract delivery method as the best value to complete the work in time for Fall 2008 classes. The estimated cost of $500,000 would be taken from funds budgeted for Renovations/Facilities Improvement. Mr. Ferrell responded to questions from Trustees.

Trustees Veronica Rivera moved and Nan McRaven seconded that:

MOTION: The Board of Trustees select the Job Order Contract delivery method to provide appropriate space for the new Games Development Institute at the Northridge Campus.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; and Ms. Veronica Rivera.

AGAINST: None.

ABSENT FOR THE VOTE: Mr. Jeffrey Richard.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8425

Approval of Contract for Construction of Parking Lot at

Cypress Creek Campus

Chair Hernandez introduced the item. Mr. Ben Ferrell stated that on January 22, 2007, the Board approved the purchase of a tract of land adjacent to the original Cypress Creek Campus for the purpose of constructing an additional parking lot. The addition would provide a net increase of 337 parking spaces at the campus, and was expected to accommodate parking for the campus at its estimated capacity of over 5,100 students. Construction would occur during the Summer of 2008, and be completed in time for Fall classes. Mr. Ferrell called attention to the bids received. The Design/Bid/Build delivery method was selected as providing the best value to the District at the November 5, 2007, Board meeting. Bids were sought, and the bid opening was held on February 19, 2008. He recommended the award of a contract to Brandes Brothers Constructors which had the lowest qualifying bid. The bid was $1.186 million, and would be funded from remaining G.O. bond funds for the Expansion of the Cypress Creek Campus project, plus interest earnings thereon.

Trustees James McGuffee moved and Veronica Rivera seconded that:

MOTION: That the Board of Trustees approve the award of a contract to Brandes Brothers Constructors to construct the additional parking lot at the Cypress Creek Campus.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; and Ms. Veronica Rivera.

AGAINST: None.

ABSENT FOR THE VOTE: Mr. Jeffrey Richard.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8426

Discussion of Lease Purchase Agreement for

Information Technology Equipment

Chair Hernandez introduced the item. Mr. Ben Ferrell provided information and stated that the Tech Plan for FY 2008 included the purchase and financing of all the equipment necessary to complete the project during the fiscal year and requested the FY 2008 lease payment amount, which was approved as part of the College budget on July 9, 2007. Staff requested that the Board authorize the President to approve a lease purchase agreement for the equipment, with the cost of the equipment not to exceed $1,500,000 on the best terms that can be negotiated and the interest rate to be within the authorized legal limits. Approval would provide assurance that the Board is aware of the particulars of the financing arrangement and ensure the tax-exempt status of the financing agreement for the Datatel server upgrade and SAN Disk expansion as approved in the FY 2008 budget.

Trustees James McGuffee moved and Rafael Quintanilla seconded that:

ORIGINAL MOTION: The Board of Trustees approve the lease purchase agreement, as defined in Agenda Item 8426, through the year 2012.

Trustees discussed the Original Motion.

Trustee James McGuffee offered an Amended Motion.

AMENDED MOTION: The Board of Trustees authorize the College President to enter into a lease purchase agreement for the Datatel server upgrade through the year 2012 as defined in Agenda Item 8426.

Mr. Ferrell responded to questions from Trustees.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard; and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

(See Exhibit B - March 3, 2008, Minutes)

Executive Session

Chair Hernandez recessed the March 3, 2008, meeting of the Austin Community College District Board of Trustees into Executive Session at 7:26 p.m. to consult with legal counsel pursuant to Government Code 551.071 relating to pending or contemplated litigation or a settlement offer, including settlement agreement of construction contract dispute; pursuant to Government Code 551.072 relating to the purchase, exchange, lease or value of real property, including lease space for the ACC Photography Studio; and pursuant to Government Code 551.073 relating to a deliberation regarding negotiated contract for a prospective gift or donation.

Reconvene

The Board of Trustees of the Austin Community College District reconvened in public session pursuant to Texas Government Code 551 on March 3, 2008, at 8:30 p.m.

Agenda Item 8427

Acceptance of Land Donation and Approval of Contract to

Purchase Land for the Proposed Round Rock Campus

Chair Hernandez introduced the item.

Trustees Barbara Mink moved and Allen Kaplan seconded that:

MOTION: The Board of Trustees accept a land donation, and approve the contract to purchase land for the proposed Round Rock Campus.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8428

Approval of Lease Space for the ACC Photography Studio

Chair Hernandez introduced the item.

Trustees Nan McRaven moved and Allen Kaplan seconded that:

ORIGINAL MOTION: The Board of Trustees approve a new lease to relocate the ACC Photography Studio currently located in the Metric Center near the ACC Northridge Campus and the College President be authorized to sign the lease.

Trustee McGuffee requested a Friendly Amendment.

FRIENDLY AMENDMENT: That the President, or his designee, be approved to sign the lease.

Trustees discussed the Friendly Amendment.

Trustee McGuffee withdrew the Friendly Amendment.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8429

Approval of a Settlement Agreement for a Construction Contract Dispute

Chair Hernandez introduced the item.

Trustees Veronica Rivera moved and Barbara Mink seconded that:

MOTION: The Board of Trustees approve a settlement agreement for a construction contract dispute as discussed in Executive Session with College Legal Counsel.

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

FOR: Mr. John Hernandez, Mr. Allen H. Kaplan, Dr. James W. McGuffee, Ms. Nan McRaven; Dr. Barbara Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard, and Ms. Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Adjournment

Having no motion before the Board, the March 3, 2008, meeting of the Austin Community College District Board of Trustees was adjourned at 8:31 p.m.

Approved By

James W. McGuffee, Board Secretary