MINUTES
Regular
Meeting – Board of Trustees
April 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, April 14, 2008, at 6:30 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.
Trustees James W. McGuffee moved and
MOTION: The Board of
Trustees re-order the agenda to consider Agenda Item 8437 first on the agenda.
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.
The agenda was
reordered.
DISCUSSION/POSSIBLE ACTION
Agenda Item 8437
Consideration and Action on an Order of the Board of
Trustees of the
Austin Community College District Authorizing and Approving
the Loan
Agreement, Pledge and Security Agreement, Collateral
Assignment of Agreement and Advance Promissory Note of the Austin Community
College District Public Facility Corporation; Approving the Acquisition
of Property for a Round Rock Campus
Trustees James W. McGuffee moved and Allen H. Kaplan
seconded that:
MOTION: The Board of
Trustees approve an order authorizing and approving the necessary financing
arrangements for the acquisition of land for the proposed campus in Round Rock,
Texas.
AMENDED MOTION:
Trustees James W. McGuffee moved and Barbara P. Mink
seconded that:
MOTION: The Board of
Trustees of the Austin Community College District approve an Order Authorizing
and Approving the Loan Agreement, Pledge and Security Agreement, Collateral
Assignment of Agreement and Advance Promissory Note of the Austin Community
College District Public Facility Corporation; Approving the Acquisition of
Property for a 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.
(See Exhibit A.)
Recognitions
There were no
recognitions.
Citizens
Communication
No
one registered for Citizens Communication.
Reports from
Associations
·
Adjunct Faculty Association – Mr. James Nelson,
President, spoke regarding Association activities and stated that the
Association is working with the College Administration regarding FY09 salaries
and benefits.
·
Classified Employees Association – Ms. Susanne
Ortiz, President-Elect, expressed appreciation for the Association’s
participation in the Round Rock Campus planning.
·
Full-Time Faculty Senate – Dr. Mariano
Diaz-Miranda, President, provided information regarding Senate activities and
invited participation in the 2nd Annual Dia de la Familia event to be
held on Saturday, April 26, at the Riverside Campus. He reminded Trustees of the April 25
Association meeting.
·
Professional-Technical Employees
Association – Ms. Susan Thomason, President, spoke regarding Association
activities and invited attendance at the June 18 meeting. Officer elections will be held on that date.
·
Student Government
Association – Mr. Josh Whitcomb, President, spoke regarding Association
activities, current on-line election of officers, proposed re-cycling efforts
at all ACC campuses, and invited attendance at their upcoming “Night in the
Life” Student Awards Ceremony to recognize clubs and organizations.
President’s
Report
Dr. Stephen B.
Kinslow, College President/CEO, did not present a report due to the length of
the agenda.
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 – February 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 $2.9 million Net Revenues &
Expenses, and a $8.0 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 $1.3 million and expenses by $1.6 million, Net Revenues
over Expenses projected a budget surplus of about $2.9 million and an increase
in Total Net Assets of about $8.0 million.
Cash and investments were in line at approximately $95 million,
including $35 million in bond proceeds.
Dr. Kinslow and Ben Ferrell responded to questions from Trustees.
·
Student Forums :
Trustees John
Hernandez and Jeffrey Richard provided information regarding their
participation in Student Forums held at the Eastview Campus on March 6 and the
Pinnacle Campus on March 25. Trustees
Hernandez and Richard and President Kinslow responded to Trustees’ questions.
·
Policy Compliance Report:
Board Policy C-6, College-Community Linkages - Dr. Kinslow commented on the report and
expressed appreciation to Dr. Mary Hensley for the information provided. Dr. Kinslow responded to questions from
Trustees.
CONSENT ITEM(S)
Agenda Item 8431
Minutes of the
Chair Hernandez
introduced the item.
Trustees
MOTION: That the
Board of Trustees approve Agenda Item 8431, Minutes of the
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 8432
Presentations by Construction Manager-at-Risk for Proposed
Round Rock Campus
Chair Hernandez
introduced the item. Mr. Ben Ferrell, Vice
President for Business Services, stated that there would be a 10-minute
presentation followed by a five-minute question/answer period for each of the
three construction firms. On June 4,
2007, the Board authorized staff to proceed with the selection of professional
services for the construction of the proposed Round Rock Campus. A Request for Proposal was issued for
services, and three finalists were selected by an ACC evaluation committee and
recommended as finalists.
The following
three construction manager-at-risk finalists made presentations to the Board
and responded to questions from Trustees.
·
J. T. Vaughn Construction Company
·
SpawGlass Contractors, Inc.
·
DPR Construction, Inc.
Agenda Item 8433
Amendment of Restrictive Covenants at the Pinnacle Campus
By Deleting the Development on Slopes Requirement
Chair Hernandez
introduced the item. Mr. Ben Ferrell
provided information regarding the restrictive covenants.
In order to
obtain a Site Development Permit to allow expansion of the parking lot at the
Pinnacle Campus, it is necessary to implement an amendment of the restrictive
covenants affecting the Davis Tract, a parcel of land comprising approximately
one half of the Pinnacle Campus. The
amendment deletes a restriction prohibiting development on a slope of 15% or
greater, which was intended to protect naturally occurring slopes. However, the language of the restriction also
precludes development on man-made slopes, which is what ACC must do to expand current
parking.
Amendment of the
covenants requires approval by both the City of
Trustees Veronica Rivera moved and
MOTION: That the
Board of Trustees approve an amendment, as the City of Austin has done, of the
restrictive covenants affecting the Davis Tract by deleting paragraph #1 of the
restrictive covenants which prohibits development on slopes of 15% or greater.
Trustee McGuffee requested a Friendly Amendment.
FRIENDLY AMENDMENT:
That, in addition to approving the amendment, the Board of Trustees
authorize Executive Officer Dr. Stephen B. Kinslow to sign the appropriate
covenant.
VOTE: The motion, as
amended, 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.
(See Exhibit B.)
Agenda Item 8434
Instructional Programs Review and Community Priorities
Declaration for FY09/Resolution
Chair Hernandez
introduced the item. Dr. Donetta
Goodall, Vice President for Academic Transfer and General & Developmental
Education, and Mr. Mike Midgley, Vice President for Workforce Education &
Business Development, stated that the master planning process includes a review
of revenues and expenses for all instructional programs. This is only one element of program review;
local workforce and higher education needs are also important
considerations. As part of the master
planning process, and in accordance with Board Policy E-1, Master Planning, it
is appropriate for the Board to declare its community priorities which guide
instructional planning. Dr. Goodall and
Mr. Midgley, presented a report on instructional programs, including the
program cost analysis report, and the proposed Resolution.
Dr. Goodall and
Mr. Midgley responded to questions from Trustees. This item will be on the May 5, 2008, consent
agenda.
Recess
The Austin Community College District
Board of Trustees recessed at 8:23 p.m. for a convenience break.
Reconvene
The Austin Community College District
Board of Trustees reconvened in public session at 8:45 p.m.
Agenda Item 8436
Matters Related to Conduct of the May 10, 2008, Election
Chair Hernandez
introduced the item. Ms. Linda Young,
Special Assistant to the President for Governmental and Community Affairs, and
Ms. Myra McDaniel, College Legal Counsel, provided information regarding an
Order Amending Travis County Early Voting and election Day Polling; Election
Day Polling Locations; Early Voting Locations Exhibit for Amended Order;
Revised Election Day Polling Locations for Annexation; Order Designating Mobile
Early Voting Locations, General and Special Elections; Mobile Early Voting
Exhibit; Order Amending Williamson County Early Voting Polling Locations;
Amended Williamson County Election Day Schedule and Polling Locations; and
Agreement for Joint Elections in Travis County.
Ms. Young stated that early voting would be held at all ACC campuses.
Trustees James McGuffee moved and Allen Kaplan seconded
that:
MOTION: The Board of
Trustees approve amendments to the Order setting polling places and early
mobile voting locations for the May 10, 2008, election, and, in addition,
approve the Agreement for Joint Elections for
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.
(See Exhibit C.)
Ms. Young and Ms. McDaniel responded to
questions from Trustees.
Agenda Item 8435
FY09 Budget Study
·
Projected Revenues
·
Projected Expenses
Overview
·
Projected Tuition and
Fees (Policy Compliance Report:
G-5, Implementation of Fees)
Chair Hernandez
introduced the item. Ben Ferrell
provided information.
The FY09 Budget
process includes an overview of revenues and expenses in accordance with Board
Policies and Presidential Planning Directives.
The College intends to leave In-District tuition unchanged, and increase
Out-of-District and Out-of-State tuition rates per Board Policy A-4. Board Policy G-5 requires fees to be approved
annually by the Board. A Summary of FY09
Fee Recommendations was provided.
Mr. Ferrell
responded to questions from Trustees.
Board Policy Review
Process
Chair Hernandez introduced the item and Board
Secretary James McGuffee stated revisions to Board policies will occur at
several future meetings; needed Value Statements would be added; Board Policy
F-10, Employee Compensation, would be reviewed; and the number of readings
required for approval of policy changes and approval of operational items would
be discussed.
Agenda Item 8439
Chair Hernandez
introduced the item and stated that information still was needed from several Trustees;
therefore, the item would be rescheduled for the May 5, 2008, Board meeting to
allow input from all Trustees.
Adjournment
Having no motion before the Board, the
April 14, 2008, meeting of the Austin Community College District Board of
Trustees was adjourned at 9:33 p.m.
Approved By
James
W. McGuffee, Board Secretary