MINUTES

Special Meeting and Work Session – Board of Trustees

May 19, 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 19, 2008, at 6:10 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; Dr. James W. McGuffee, Board Secretary; Mr. Allen H. Kaplan; Barbara P. Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard [arrived at 6:25 p.m.]; and Ms. Veronica Rivera.  Trustee Lillian J. Davis and Board Vice Chair Nan McRaven 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.

 

Items for Discussion and Possible Action

 

Agenda Item 8453

A Resolution Canvassing the Returns and Declaring the Results of the May 10, 2008, General Election, Places One, Two, and Three of the Austin Community College District

Chair Hernandez introduced the item and Ms. Linda Young, Special Assistant to the President for Governmental and Community Relations provided information concerning the revised Resolution which states: 

 

·        Section 2, No majority of the resident, qualified voters of the Austin Community College District voted in Place 1 for any candidate.  Harrison Keller timely withdrew his candidacy on May 15, 2008.  Pursuant to Texas Election Code, section 145.095, Tim Mahoney is considered elected.  And Tim Mahoney is hereby elected.

·        Section 3, A majority of the resident, qualified voters of the Austin Community College District voted in Place 2 for candidate John-Michael Cortez.  And John-Michael Cortez is hereby elected.

·        Section 4, A majority of the resident qualified voters of the Austin Community College District voted in place 3 for Nan McRaven.  Nan McRaven is hereby elected.

 

Ms. Young called attention to the Election Voting Result Totals for Places 1, 2, and 3.

 

Trustees Allen Kaplan moved and Veronica Rivera seconded that:

MOTION:  The Board of Trustees approve the Resolution to Canvass and Declare Elections Results for the May 10, 2008, Board of Trustees General Election, Places 1, 2, and 3.

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

FOR:  John Hernandez, Allen Kaplan, James McGuffee, Barbara Mink, Rafael Quintanilla, and Veronica Rivera.

AGAINST:  None.

ABSENT:  Trustees Lillian Davis, Nan McRaven, and Jeffrey Richard.

 

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A RESOLUTION CANVASSING THE RETURNS

AND DECLARING THE RESULTS OF THE MAY 10 2008,

GENERAL ELECTION, PLACES ONE, TWO AND THREE

OF THE AUSTIN COMMUNITY COLLEGE DISTRICT

 

 

                WHEREAS, the Board of Trustees ("Board") of the Austin Community College  District (“District”) called a General Election to be held on May 10, 2008, for the purpose of electing trustees to serve six-year terms for places one (1), two (2) and three (3); and

 

                WHEREAS, the Board has reviewed and investigated all matters pertaining to this election, including the calling, notices, election officers, holding, and reports thereof under the Joint Election Agreements with Travis County and Williamson County; and

 

                WHEREAS, the Board hereby canvasses the returns of this election, at which there was submitted to all resident, qualified electors of the District who also reside within Travis County and Williamson County, for their vote, the following candidates:

 

                TRUSTEE, PLACE 1:           Tim Mahoney

                                                                Harrison Keller

                                                                Michael Reid

                                                                                               

                TRUSTEE, PLACE 2:           John-Michael Cortez

                               

                TRUSTEE, PLACE 3:           Nan McRaven

                                                                               

                WHEREAS, the Board has diligently inquired into the poll lists and the official election returns, which were duly and lawfully made to the Board by the judges and clerks holding and conducting such election, the poll lists and the official election returns showing separately the votes cast in the election; and

 

                WHEREAS, from these returns, the Board hereby finds that the following votes were cast in the election by voters who were resident, qualified voters in Travis County and Williamson County Area of the District:

 

                TRUSTEE, PLACE 1:                                           Tim Mahoney                       Harrison Keller

                                                                                               

                Election Day Votes                                              7,783                                      5,536        

 

Early Votes                                                           6,175                                      3,969

 

TOTAL VOTES CAST                                      13,958                                    9,505

 

                                                                               

                                                                                Michael Reid                                                                                        

 

Election Day Votes                                                 2,571

 

Early Votes                                                              2,726

 

TOTAL VOTES CAST                                         5,297

 

 

                TRUSTEE, PLACE 2:                           John-Michael Cortez

 

                Election Day Votes                                              11,704

 

Early Votes                                                           10,047

 

TOTAL VOTES CAST                                       21,751

                                                                               

                                                                               

                TRUSTEE, PLACE 3:                           Nan McRaven

 

                Election Day Votes                                              12,084    

 

Early Votes                                                           10,416     

 

TOTAL VOTES CAST                                      22,500    

 

                NOW, THEREFORE, it is accordingly found, declared, and resolved by the Board of Trustees of the Austin Community College District that:

 

                SECTION 1.         The Board officially finds, determines, and declares that the election was duly and properly conducted, that proper legal notice of such election was duly given in the English language and the Spanish language (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of the District in Travis County and Williamson County  were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Board has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the orders calling the election.

 

                SECTION 2.  No majority of the resident, qualified voters of the Austin Community College District voted in Place 1 for any candidate. Harrison Keller timely withdrew his candidacy on May 15, 2008.   Pursuant to Texas Election Code, section 145.095, Tim Mahoney is considered elected. And Tim Mahoney is hereby elected.

 

                SECTION 3.         A majority of the resident, qualified voters of the Austin Community College District voted in Place 2 for candidate John-Michael Cortez.  And John-Michael Cortez is hereby elected.

            

                SECTION 4.  A majority of the resident, qualified voters of the Austin Community College District voted in Place3 for Nan McRaven.  Nan McRaven is hereby elected.                      

 

                SECTION 5.  The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Board.

 

                SECTION 6.  It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code.

 

                SECTION 7.  This Resolution shall be in force and effect from and after its final passage and it is so resolved.

 

                PASSED, ADOPTED AND APPROVED, this the 19th day of May, 2008.

 

AUSTIN COMMUNITY COLLEGE DISTRICT

John Hernandez, Chair, Board of Trustees

 

 

ATTEST:

James McGuffee, Secretary, Board of Trustees

 

(DISTRICT SEAL)

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Agenda Item 8454

Resolution to Canvass and Declare Election Results of May 10, 2008, Board of Trustees Special Election for Place 5

Chair Hernandez introduced the item and Ms Linda Young provided information concerning the Resolution to fill the unexpired term of Rafael Quintanilla:

 

Ms. Young called attention to the Election Voting Result Totals for Place 5.

 

Trustees Rafael Quintanilla moved and Barbara P. Mink seconded that:

MOTION:  The Board of Trustees approve the Resolution to Canvass and Declare Elections Results for the May 10, 2008, Board of Trustees Special Election, Place 5, of the Austin Community College District.

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

FOR:  John Hernandez, Allen Kaplan, James McGuffee, Barbara Mink, Rafael Quintanilla, and Veronica Rivera.

AGAINST:  None.

ABSENT:  Trustees Lillian Davis, Nan McRaven, and Jeffrey Richard.

 

*********

 

A RESOLUTION CANVASSING THE RETURNS

AND DECLARING THE RESULTS OF THE MAY 10 2008,

SPECIAL ELECTION, PLACE FIVE

OF THE AUSTIN COMMUNITY COLLEGE DISTRICT

 

                WHEREAS, the Board of Trustees ("Board") of the Austin Community College  District (“District”) called a Special Election to be held on May 10, 2008, for the purpose of electing a trustee to serve the remainder of the term for place five (5); and

 

                WHEREAS, the Board has reviewed and investigated all matters pertaining to this election, including the calling, notices, election officers, holding, and reports thereof under the Joint Election Agreements with Travis County and Williamson County; and

 

                WHEREAS, the Board hereby canvasses the returns of this election, at which there was submitted to all resident, qualified electors of the District who also reside within Travis County and Williamson County, for their vote, the following candidates:

 

                TRUSTEE, PLACE 5:           Raul Alvarez

                                                                               

                WHEREAS, the Board has diligently inquired into the poll lists and the official election returns, which were duly and lawfully made to the Board by the judges and clerks holding and conducting such election, the poll lists and the official election returns showing separately the votes cast in the election; and

 

                WHEREAS, from these returns, the Board hereby finds that the following votes were cast in the election by voters who were resident, qualified voters in Travis County and Williamson County Area of the District:

 

TRUSTEE, PLACE 5:                                           Raul Alvarez

                Election Day Votes                                  12,609 

 

Early Votes                                               10,758

 

TOTAL VOTES CAST                          23,367

 

                NOW, THEREFORE, it is accordingly found, declared, and resolved by the Board of Trustees of the Austin Community College District that:

 

                SECTION 1.         The Board officially finds, determines, and declares that the election was duly and properly conducted, that proper legal notice of such election was duly given in the English language and the Spanish language (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that

 

all resident, qualified voters of the District in Travis County and Williamson County  were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Board has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the orders calling the election.

 

                SECTION 2.         A majority of the resident, qualified voters of the Austin Community College District voted in Place 5 for candidate Raul Alvarez.  And Raul Alvarez is hereby elected.

           

                SECTION 3.  The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Board.

 

                SECTION 4.  It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code.

 

                SECTION 5.  This Resolution shall be in force and effect from and after its final passage and it is so resolved.

 

                PASSED, ADOPTED AND APPROVED, this the 19th day of May, 2008.

 

                                                                                               

                                                                                                AUSTIN COMMUNITY COLLEGE DISTRICT

                                                                                                John Hernandez, Chair, Board of Trustees

 

ATTEST:

James McGuffee, Secretary, Board of Trustees

 

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Agenda Item 8455

Resolution to Canvass and Declare Election Results of May 10, 2008, Special Election, and to Annex, for Junior College Purposes Only, that Portion of the Round Rock Independent School District not Presently Included in the Austin Community College District

Chair Hernandez introduced the item and Ms. Linda Young provided information to declare results of a special election and to annex that portion of Round Rock Independent School District that is not presently in the ACC District into the District.

 

Trustees Veronica Rivera moved and Allen Kaplan seconded that:

MOTION:  The Board of Trustees approve the Resolution to Canvass and Declare Elections Results for the May 10, 2008, Special Election, and to Annex that portion of Round Rock Independent School District that is not presently included in the Austin Community College District into the District.

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

FOR:  John Hernandez, Allen Kaplan, James McGuffee, Barbara Mink, Rafael Quintanilla, and Veronica Rivera.

AGAINST:  None.

ABSENT:  Trustees Lillian Davis, Nan McRaven, and Jeffrey Richard.

 

Ms. Young called attention to the Election Voting Result Totals for Annexation.

 

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AN ORDER CANVASSING THE RETURNS,

DECLARING THE RESULTS OF THE MAY 10, 2008 SPECIAL ELECTION

AND ANNEXING FOR JUNIOR COLLEGE PURPOSES ONLY THAT PORTION

 OF THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT NOT PRESENTLY INCLUDED IN THE AUSTIN COMMUNITY COLLEGE DISTRICT

 

                WHEREAS, on May 10, 2008, the Special Election was held to annex for junior college purposes only that portion of the Round Rock Independent School District not presently included in the Austin Community College District; and

 

                WHEREAS, the Board has reviewed and investigated all matters pertaining to this election, including the calling, notices, election officers, holding, and reports thereof under the Joint Election Agreement with Williamson County; and

 

                WHEREAS, the Board hereby canvasses the returns of this election, at which the proposed annexation of that portion of the Round Rock Independent School District not presently included in the District was submitted to all qualified voters of the Round Rock Independent School District not included within the existing boundaries of ACC for their vote thereupon; and

 

                WHEREAS, the Board has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to the Board by the judges and clerks holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and

 

                WHEREAS, from these returns, the Board hereby finds that the following votes were cast in the Elections by voters who were resident, qualified voters of the District and that portion of the City of Austin not currently included in the District.

 

ANNEXING FOR JUNIOR COLLEGE PURPOSES

ONLY, THAT PORTION OF THE ROUND ROCK

INDEPENDENT SCHOOL DISTRICT THAT IS NOT

PRESENTLY INCLUDED WITHIN THE

CURRENTLY EXISTING BOUNDAIRES OF

AUSTIN COMMUNITY COLLEGE DISTRICT

 

                                                VOTES CAST FOR                            3,195

                                VOTES CAST AGAINST                  1,761

                                                                                               

                NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, ORDERED, AND RESOLVED BY THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT THAT:

               

                SECTION 1.  The Board officially finds, determines, and declares that the election was duly and properly conducted, that proper legal notice of such election was duly given in the English language and the Spanish language (to the extent required by law), that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of that portion of the Round Rock Independent School District not presently included in the District were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Board has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the resolution calling the election.

 

                SECTION 2.         The Board officially finds and determines that the vote to annex the portion of the Round Rock Independent School District that is not presently included within the currently existing boundaries of Austin Community College prevailed; that the election was duly called; that proper notice was given; and that the election was held in all aspects in conformity with the law.

 

                SECTION 3.  The Board hereby declares the territory of the Round Rock Independent School District that was outside the boundary of the Austin Community College District annexed to Austin Community College District for junior college purposes only, effective the 19th day of May, 2008.

 

                SECTION 4.         The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Order for all purposes and are adopted as a part of the judgment and findings of the Board.

 

                SECTION 5.  It is officially found, determined, and declared that the meeting at which this Order is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Order, was given, all as required by Chapter 551, as amended, Texas Government Code.

 

                SECTION 6.  This Order shall be in force and effect from and after its final passage and it is so resolved.

 

                PASSED, ADOPTED AND APPROVED, this the 19th day of May, 2008.

 

AUSTIN COMMUNITY COLLEGE DISTRICT

John Hernandez

                                                                                                President, Board of Trustees

 

ATTEST:

James McGuffee,

Secretary, Board of Trustees

 

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Agenda Item 8456

An Order Calling the Run-Off Election for Place 1, Board of Trustees General Election for June 14, 2008.

Chair Hernandez stated that this item was pulled from consideration and no action would be taken by the Board since Mr. Harrison Keller had timely withdrew his candidacy and a run-off election was not necessary.

 

Agenda Item 8457

Budget Study Session on Facilities and Policy Compliance Report on Board Policy E-2, Provision of College Facilities

Chair Hernandez introduced the item and Mr. Ben Ferrell, Vice President for Business Services,  noted that the Board approved the current Facilities Master Plan on June 4, 2007.  Staff prepared a progress report for FY2008 and an update for FY2009 on the facilities and financing strategy for increasing instructional capacity, and the expansion and renovation of existing campuses in order to meet the District’s Closing the Gaps enrollment goals.

 

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

 

Mr. Bill Mullane, Executive Director for Facilities and Construction, provided information regarding:  Overview of Facilities Master Planning; Status of Facilities Master Plan Recommendations; Next Steps:  Campus Master Planning for Existing Campuses; and Closing the Gaps Facilities Master Planning Chart and Facilities Planning and Construction Time Line.

 

Mr. Tommy Kosarek, Barnes Gromatsky Kosarek Architects, provided information and distributed renderings of the Rio Grande Campus Parking Garage.including the Southwest Perspective, South Perspective, West Elevation, South Elevation, Grade Level, (Level 2 Similar), Level 3-5, and Roof Level.  Mr. Kosarek responded to questions from Trustees.

 

Mr. Benny Hawkins, BLGY Architects Planners Program Managers, provided information and distributed the ACC Gym Adaptive Re-Use Plans including Site Plan, Section, Views from the Northwest, Roof Terrace, Interior Classroom Level, First Floor Plan, Second Floor Plan, and Third Floor Plan.  Mr. Hawkins responded to questions from Trustees.

 

Trustees expressed appreciation to Mr. Kosarek and Mr. Hawkins for the information provided.


Agenda Item 8458

Overview of Responses to Request for Offers #08017RS, Land Donations or Offers to Sell to the Austin Community College District

Chair Hernandez introduced the item.

 

Agenda Item 8459

Discussion of Possible Acquisition of Property in the Vicinity of the Proposed Round Rock Campus

Chair Hernandez introduced the item.

 

Agenda Item 8460

ACC Board of Trustees Self-Evaluation

Chair Hernandez introduced the item.

 

Executive Session

Chair Hernandez recessed the May 19, 2008, meeting of the Austin Community College District Board of Trustees into Executive Session at  7:25 p.m. to consult with legal counsel regarding the purchase, exchange, lease or value of real property, including land in the Vicinity of the Proposed Round Rock Campus, and RFO #08017RS, Land Donations or Offers to Sell to the Austin Community College District, 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 the ACC Board of Trustees Self-Evaluation, pursuant to Government Code 551.074.

 

Executive Session

The Board of Trustees of the Austin Community College District reconvened in public session pursuant to Texas Government Code 551 on May 19, 2008, at 8:41 p.m.

 

Announcements

There were no announcements.

 

Adjournment

Having no motion before the Board, the May 19, 2008, meeting of the Austin Community College District Board of Trustees was adjourned at 8:42 p.m.

 

Approved By

James W. McGuffee, Board Secretary