MINUTES

MINUTES

Regular Meeting – Board of Trustees

May 5, 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, May 5, 2008, at 6:15 p.m. in the Board Room (201) of the Highland Business Center of the Austin Community College District 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. Xi Xu, Nursing Student. Mr. Mike Midgley, Vice President for Workforce Education and Business Development, introduced Ms. Daisy Xu, former ACC English-as-a-Second Language student and a Nursing Student in Fall 2008. Ms. Xu came to Austin from China to study nursing upon the recommendation from her family. She expressed appreciation for the Learning Labs, the assistance provided by the instructors, and ACC. Ms. Xu stated her desire to work for the Children’s Hospital following graduation.

· Presentation of Math Competition Finalists - Mr. Daron Butler, ACC Foundation Board, and Mr. Mike Dellens, ACC Math Instructor, introduced the following Spring Math Competition Winners and presented awards:

Zachary Wegner - $500

Benjamin Albot - $400

Dustin Estetter - $400

Daniel Miller - $300

Haowei Wang - $300

Henry Wiltshire - $300

Heekook Yang - $300

Arnaldo Cruz - $200

Mr. Dellens stated that the ACC finalists in the competition finished 19^th highest team out of 179 colleges in the Nation and finished 1^st out of 16 in the Region. Chair Hernandez expressed congratulations and appreciation to the winners.

· Accent Student Newspaper Awards – Ms. Lori Blewett, Student Life Communications Coordinator, introduced Mr. Kevin Stutz, ACC student and Editor-in-Chief of the Accent student newspaper. He provided information regarding the Texas Intercollegiate Press Association Convention held in College Station in April with 52 other Texas schools and universities. Accent won the Best of Show Award for their division and several other awards in reporting, photography, and lay-out. He commended staff for their dedication and expressed appreciation to the Board for their continued support. Chair Hernandez expressed congratulations and appreciation for the awards.

Citizens Communication

The following individual addressed the Board of Trustees:

· Mr. Raymond Hartfield, Co-Chair of the Round Rock ACCtion4Education Committee, spoke regarding the ACC proposition on the May 10, 2008, ballot in the Round Rock Independent School District.

Reports from Associations

· Adjunct Faculty Association – Mr. James Nelson, President, spoke regarding adjunct faculty compensation. He expressed appreciation for the service and leadership of the out-going members of the Board of Trustees.

· Classified Employees Association – Ms. Lisa Buck, President, spoke regarding topics of discussion in Association meetings and compensation.

· Full-Time Faculty Senate – Dr. Mariano Diaz-Miranda, President, spoke regarding activities of the past year and review of current hiring practices.

· Professional-Technical Employees Association – Ms. Susan Thomason, President, spoke regarding association activities including an upcoming fundraiser.

· Student Government Association – Mr. Josh Whitcomb, President, expressed appreciation to Dr. Stephen Kinslow and Dr. Donetta Goodall for participation in the recent “Night in the Life” event and spoke regarding Association activities. He thanked Trustees for the success of this year and stated that he has been accepted to The University of Texas. Mr. Whitcomb introduced Mr. Brad Burnett, newly-elected President of the Student Government Association. Mr. Burnett spoke regarding upcoming activities of the Association.

Chair Hernandez expressed appreciation to Mr. Whitcomb for his leadership and service during the past year.

President’s Report

Dr. Stephen B. Kinslow, College President/CEO, expressed appreciation to Mr. Josh Whitcomb for his valuable service during the past year. Dr. Kinslow reminded those in attendance of the ACC graduation on Thursday, May 8, 2008. He expressed appreciation to Chair Hernandez for accompanying him at a recent Chamber Golf Tournament. Dr. Kinslow indicated that a date will be determined for the Board’s orientation for new Trustees.

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 – March 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 $3.1 million Net Revenues & Expenses, and a $8.3 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 $2.2 million and expenses down by $1.0 million, Net Revenues over Expenses projected a budget surplus of about $3.1 million and an increase in Total Net Assets of about $8.3 million. Cash and investments were in line at approximately $114 million, including $36 million in bond proceeds.

· Optional: Trustee Reports on Community Engagements
Trustee Barbara P. Mink reported on Leadership Texas activities. Trustee Allen H. Kaplan stated information regarding the Legislative Community College Caucus would be provided at a future meeting.

· ACC Foundation Report – Board Vice Chair Nan McRaven provided an update regarding the ACC Foundation.

CONSENT ITEM(S)

Chair Hernandez introduced the Consent Agenda.

Agenda Item 8440

Minutes of the April 14, 2008, Regular Meeting the Austin Community College District Board of Trustees

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

Agenda Item 8441

Declaration of Program Priorities for Fiscal Year 2009/Resolution

Recommendation: That the Board of Trustees, as required by Board Policy E-1, Master Planning, declare its Community Priorities Declaration/Resolution.

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PROGRAM RESOLUTION

FY 09 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, Austin Community College desires to achieve and to maintain a balance between the transfer, workforce and foundation skills missions, and

WHEREAS, Austin Community College must carefully balance limited resources to support a wide variety of instructional programs which respond to community needs

BE IT RESOLVED THAT AUSTIN COMMUNITY COLLEGE WILL WITHIN AVAILABLE RESOURCES:

· Continue to fund the programs shown in Attachment C.

· 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.

· 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.

· Continue to offer a strong developmental education program to assist under prepared students in entering academic and workforce programs.

· Continue to support adult education programs at the current level of institutional funding beyond that

provided by grants, to promote access to education.

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Agenda Item 8442

Selection of Delivery Method and Delegation of Authority to Enter into Contracts for Miscellaneous Campus Improvements Construction Projects

· Northridge Campus, Games Development Institute

· Leased Space, In-House Construction Shop

· Rio Grande Campus Scene Shop

· Rio Grande Campus Biology Lab, Fume Hoods Installation

· Eastview Campus, Learning Labs

Recommendation: That the Board of Trustees select a delivery method and delegate authority to the President to enter into contracts for the following miscellaneous campus improvements construction projects. The Interlocal method allows ACC to select a builder through the use of a purchasing agreement negotiated through an Interlocal Contract (typically referred to as a “state contract”) with one or more other governmental entities.

Agenda Item 8443

Renewal of Lockhart ISD Interlocal Agreement – Career and Technical Education Program

Recommendation: That the Board of Trustees approve the renewal of an Interlocal Agreement between Austin Community College District (ACC) and the Lockhart Independent School District (LISD) to continue operation of the school district’s Career and Technical Education Program (CTE) for FY09.

[Exhibit A.]

Agenda Item 8444

Elimination of Summer Application Fee

Recommendation: That the Board of Trustees approve the immediate elimination of the Summer Application Fee to be effective for the Summer 2008 terms.

Trustee Kaplan requested Agenda Item 8442, Selection of Delivery Method and Delegation of Authority to Enter into Contracts for Miscellaneous Campus Improvements Construction Projects, be pulled from the Consent Agenda for discussion.

Trustees Veronica Rivera moved and Nan McRaven seconded that:

MOTION: The Board of Trustees approve Agenda Items 8440

Minutes of the April 14, 2008, Regular Meeting the Austin Community College District Board of Trustees; Agenda Item 8441, Declaration of Program Priorities for Fiscal Year 2009/Resolution; Agenda Item 8443, Renewal of Lockhart ISD Interlocal Agreement – Career and Technical Education Program; and Agenda Item 8444, Elimination of Summer Application Fee, as presented.

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

FOR: John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8442

Selection of Delivery Method and Delegation of Authority to Enter into Contracts for Miscellaneous Campus Improvements Construction Projects

· Northridge Campus, Games Development Institute

· Leased Space, In-House Construction Shop

· Rio Grande Campus Scene Shop

· Rio Grande Campus Biology Lab, Fume Hoods Installation

· Eastview Campus, Learning Labs

Recommendation: That the Board of Trustees select a delivery method and delegate authority to the President to enter into contracts for the miscellaneous campus improvements construction projects, as noted. The Interlocal method allows ACC to select a builder through the use of a purchasing agreement negotiated through an Interlocal Contract (typically referred to as a “state contract”) with one or more other governmental entities.

Mr. Kaplan stated that, under this process, the Board would have to pick a delivery method. He stated this would require a large amount of time to be spent by the Board for contracts to be reviewed and discussed. He cited a need to have a College procurement process for staff to handle this activity if this can be done legally. He suggested that this item be approved at the May 5, 2008, meeting but an ACC procurement process be reviewed similar to that of other colleges. Board Secretary McGuffee agreed with Trustee Kaplan and asked what could be done legally to expedite a system for this to occur.

Trustee Allen Kaplan moved and James McGuffee seconded that:

MOTION: The Board of Trustees select a delivery method and delegate authority to the President to enter into contracts for the following miscellaneous campus improvements construction projects.

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

FOR: John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8445

Selection of Construction Manager at Risk for the Proposed Round Rock Campus

Chair Hernandez introduced the item and Mr. Ben Ferrell, Vice President for Business Services, provided information. On October 1, 2007, the Board selected the Construction Manager at Risk as the construction method offering the best value for the construction of the proposed Round Rock Campus. An RFQ was issued for these services, and the finalists made presentations to the Board on April 14, 2008. Funding will be provided through the Austin Community College Public Facility Corporation.

Trustees discussed the three well-qualified firms recommended by staff: J. T. Vaughn Construction Company, SpawGlass Contractors, Inc., and DPR Construction Inc.

Trustees Allen H. Kaplan moved and Barbara P. Mink seconded that:

MOTION: The Board of Trustees select SpawGlass as the Construction Manager at Risk for the Proposed Round Rock Campus.

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

FOR: John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis.

Agenda Item 8446

Approval of Contract for the Construction of a Parking Lot at Pinnacle Campus

Chair Hernandez introduced the item and Mr. Ben Ferrell provided information. The Design/Bid/Build delivery method was selected as providing the best value to the District at the December 3, 2007, Board meeting. Bids were sought, and the bid opening was held on April 22, 2008. The project would add 108 new parking spaces at the Pinnacle Campus, along with new detention ponds and water quality structures for the new parking lot to meet City of Austin environmental criteria for the area. Construction would occur during the Summer of 2008 and was expected to be completed in time for Fall semester classes. The construction contract would be in the amount of $525,420 and would be funded from the G.O. bond funds for Pinnacle Surface Parking.

[Trustee Nan McRaven left the meeting at 7:05 p.m.]

Trustees Allen H. Kaplan moved and Barbara P. Mink seconded that:

MOTION: The Board of Trustees approve the award of a contract to construct a parking lot at the Pinnacle Campus to Champion Site Prep in the amount of $525,420.

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

FOR: John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis and Nan McRaven.

Trustees expressed appreciation to Mr. Ben Ferrell and Mr. Bill Mullane, Executive Director of Facilities and Construction.

Agenda Item 8447

Authorization to Negotiate to Lease Temporary Parking Spaces near the Rio Grande Campus

Chair Hernandez introduced the item. Mr. Ben Ferrell and Mr. Bill Mullane provided information. The Rio Grande Campus has severe parking issues, and will lose parking spaces during the construction period for the new parking garage. Staff prepared an analysis of parking spaces and lots in the vicinity of the Campus, and requested approval to negotiate for temporary space to better serve students, faculty, and staff during the construction of the parking garage and faculty offices.

Trustees Barbara P. Mink moved and Veronica Rivera seconded that:

MOTION: The Board authorize staff to negotiate to lease temporary parking space near the Rio Grande Campus during the construction period for the new parking garage at the campus.

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

FOR: John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis and Nan McRaven.

Agenda Item 8448

Resolution Approving Publication of Notice of Intention to Enter into a Lease with an Option to Purchase for District Facilities

Chair Hernandez introduced the item and information was provided by Ben Ferrell; Tom Pollan, Legal Counsel; and Jorge Rodriguez.

On April 14, 2008, the ACC District Public Facility Corporation and ACC Board of Trustees approved an interim financing note in the amount of $5,700,000 to purchase land for the proposed new campus in Round Rock, Texas. The note is due August 31, 2008. To pay off the note and finance the building of the campus, permanent financing is required. Counsel and staff are preparing the permanent financing issue, which will be brought to the Board. Permanent financing must follow the requirements of Section 271.004, Texas Local Government Code. This section requires the Board of Trustees to authorize publication of notice at least 60 days prior to the financing. This was not a requirement for the interim financing.

This is a required step in issuing permanent financing for the purchase of the land and initial funding for the proposed new campus in Round Rock.

Trustees Barbara P. Mink moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees consider and approve a Resolution Approving Publication of Notice of Intention to Enter into a Lease with an Option to Purchase for District Facilities.

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

FOR: John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST: None.

ABSENT: Dr. Lillian J. Davis and Nan McRaven.

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RESOLUTION APPROVING PUBLICATION OF NOTICE
OF INTENTION TO ENTER INTO A LEASE WITH AN OPTION
TO PURCHASE FOR DISTRICT FACILITIES

THE STATE OF TEXAS

COUNTIES OF TRAVIS,

WILLIAMSON AND HAYS

WHEREAS, the Board of Trustees of Austin Community College District (the "District") proposes to contract for the use, purchase, or acquisition of real property and improvements to real property pursuant to Section 271.004, Texas Local Government Code, as amended, and, in accordance with the provisions of such section, has determined to approve the notice hereinafter set forth;

Now, Therefore BE IT RESOLVED BY THE BOARD OF TRUSTEES OF AUSTIN COMMUNITY COLLEGE DISTRICT:

Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct.

Section 2. The Board of Trustees hereby approves a Notice of Intention to enter into a Lease with an Option to Purchase for District Facilities in substantially the form attached hereto as Exhibit A.

Section 3. The Board of Trustees hereby approves the publication of the notice as set forth in Section 2 above one time in a newspaper of general circulation in the District.

Section 4. The Chairman and Secretary of the Board of Trustees and other officers and agents of the District are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution.

Section 5. This resolution shall take effect immediately upon its passage.

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