MINUTES

Regular Meeting – Board of Trustees

October 6, 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, October 6, 2008, at 6:10 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: Ms. Nan McRaven, Chair/Presiding Officer; Ms. Veronica Rivera, Board Vice Chair; Dr. James W. McGuffee, Board Secretary; Mr. Raul Alvarez [arrived at 6:20 p.m.]; Mr. John-Michael Cortez [arrived at 6:30 p.m.]; Mr. Allen H. Kaplan; and Mr. Tim Mahoney. Trustees Barbara P. Mink and Jeffrey Richard were absent from the meeting.

Recognitions

· Dr. Kathleen Christensen, Vice President for Student Support and Success Systems, introduced Ms. Rosalie Harris, an English major. She is a deaf student who is a tutor at the Riverside Campus and a Supplemental Instruction Leader in an ESOL class for deaf students with a focus on writing and grammar. Her goal is to become an English teacher. She would also like to write children’s books. She stated she would love to teach at ACC eventually. The Spring semester will be her last at ACC since she will transfer to Texas State University where she will receive her Bachelor of Arts Degree. She said that the Supplemental Instruction program at ACC has been very beneficial to students in improving their study habits and allowing them to focus on the studies that they need to enable them to make better grades.

Citizens Communication

The following individual addressed the Board of Trustees:

· Ms. Guadalupe Sosa, citizen, distributed information and spoke regarding the South Austin Campus and the Weekend College program.

Reports from Associations

· Adjunct Faculty Association – Mr. Don Morris, President, provided information regarding the Association elections and noted that Ms. Dawn Tawwater was elected Vice President of the Association. Trustees were invited to attend the Fall meeting of the Adjunct Faculty Association on November 7, 2008, 5-7 p.m., in Room 201 of the Highland Business Center. He stated that the annual fundraiser would be held in the Spring at the Eastview Campus.

· Classified Employees Association – Ms. Nicole Bell, Vice President, spoke regarding funds raised for Hurricane Ike victims, fundraising campaigns, and stated the next meeting of the Association would be held on October 14 at the Highland Business Center.

· Full-Time Faculty Senate – Dr. Dan Dydek, President, introduced Ms. Devorah Feldman, President-Elect of the Association, and spoke regarding the interest of the Association in the search and suggested requirements to fill the vacancy of the Vice President for Academic Transfer and General/Developmental Education. Dr. Dydek introduced Dr. Mariano Diaz-Miranda who provided information and a Resolution regarding ACC as a Hispanic Serving Institution (HSI).

· Professional-Technical Employees Association – Ms. Susan Thomason, President, distributed information and spoke regarding collaboration with other associations to provide donation of funds for Hurricane Ike. Trustees were invited to attend the October 31 Business meeting of the Association at the Highland Business Center.

· Student Government Association – Mr. Brad Burnett, President, spoke regarding the participation in the American Student Government Association National Summit in Washington, D. C. He stated they met with some of the Texas members of the U.S. Congress and their staff including: Representative Lloyd Doggett, Representative Lamar Smith, and aides to Senator Mike McCaul and Senator John Cornyn and learned different aspects to democracy. Mr. Burnett discussed the anticipated activities of the Student Government Association. He expressed appreciation to the Board of Trustees for their commitment to the students.

President’s Report

Dr. Stephen B. Kinslow, College President/CEO, stated Fall enrollment was past 35,000 students. He stated the South Austin Campus, Cypress Creek Campus and Eastview Campus have had the highest enrollment increases. The three largest campuses are Northridge, Rio Grande, and Riverside. He discussed enrollment increases in Distance Learning, ACC Centers, minority students, in-district, Round Rock, Early College Start, and College Connection. Additional information on enrollments will be presented at the November Board meeting. He distributed information on the Fall 08 Semester Highlights. Dr. Kinslow spoke regarding a recent meeting of the Legislative Appropriations Committee Hearing, a Joint Hearing of the Governor’s Office and the Legislative Budget Board. He expressed appreciation to Trustee Kaplan who made comments about the legislative appropriations process. Trustee Kaplan stated it was a good meeting. Members of the Community College Association of Texas Trustees were invited to testify. CCATT noted support for the position of the Texas Association of Community Colleges regarding appropriations and other programs for next year.

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. Mr. Mullane and Mr. Ben Ferrell, Executive Vice President for Finance and Administration, responded to questions from Trustees.

· Financial Report – August 2008 – Mr. Ben Ferrell, Executive Vice President for Finance and Administration, called attention to the information provided including:

o The College’s budget was on track and projecting a positive $6.8 million Net Revenues & Expenses, and a $13.9 million increase in Total Assets.

o Fall Semester Credit Hour (SCH) enrollments were up about 2.3%. Spring SCH enrollments were up 3.6%, and Summer enrollments were up about 5.0%. This is a combined increase of about 3.3%, 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 $3.3 million.

In summary, adjusting revenues up by $5.6 million and expenses down by $1.2 million, Net Revenues over Expenses projected a budget surplus of about $6.8 million and an increase in Total Net Assets of about $13.9 million. Cash and investments were in line at approximately $96 million, including $33 million in bond proceeds.

Mr. Ferrell responded to questions from Trustees.

Mr. Ferrell and Mr. Neil Vickers, Associate Vice President for Finance and Budget, responded to questions from Trustees.

CONSENT ITEM(S)

Chair McRaven introduced the Consent Agenda.

Agenda Item 8502

Minutes of the August 4, 2008, Regular Meeting; August 22-23, 2008, Retreat; August 28, 2008, Special Meeting; September 2, 2008, Special Meeting; September 2, 2008, Regular Meeting; September 8, 2008, Special Meeting of the Austin Community College District Board of Trustees

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

Agenda Item 8503

Proposed Approval of Revisions to Add

Value Statements to Board Policy Groups:

E, Planning and Evaluation; F, Personnel;

and G, District Finances

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

Agenda Item 8504

Proposed Revisions to ACC Student

Installment Plan

Recommendation: That the Board of Trustees adopt a revised student installment plan for tuition and fees as proposed in Attachment A, including the elimination of the $10 installment setup fee effective for the Spring 2009 semester.

Trustees Allen Kaplan moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees approve Agenda Item 8502, Minutes of the August 4, 2008, Regular Meeting; August 22-23, 2008, Retreat; August 28, 2008, Special Meeting; September 2, 2008, Special Meeting; September 2, 2008, Regular Meeting; September 8, 2008, Special Meeting of the Austin Community College District Board of Trustees; Agenda Item 8503, Proposed Approval of Revisions to Add Value Statements to Board Policy Groups: E, Planning and Evaluation; F, Personnel; and G, District Finances; and

Agenda Item 8504, Proposed Revisions to ACC Student Installment Plan.

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

FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Barbara Mink and Jeffrey Richard were absent from the meeting.

Attachment A.

Agenda Item 8505

City of Austin Tax Increment Financing

Reinvestment Zone for the Seaholm

Redevelopment Project

Chair McRaven introduced the item and Mr. Ben Ferrell called attention to the proposed Resolution which: (1) Declares that ACC will not be a participant in, or contribute tax revenues to the Zone; (2) Approves a waiver of the requirement that the City provide a 60-day notification prior to the City conducting a public hearing and adopting an ordinance creating the Zone; (3) Agrees to a joint formal presentation to the entities in the Zone; (4) Approves a waiver of the right of ACC to appoint a member to the Zone Board; and (5) Designates Bill Mullane, Executive Director for Facilities and Construction, as the College representative to meet with City staff on any questions related to the Zone.

Mr. Rodney Gonzales, City of Austin, distributed information concerning the proposed Resolution and responded to questions from Trustees regarding the redevelopment of the City of Austin’s Seaholm property.

Trustees discussed the proposed resolution and suggested amendments to the proposed Resolution.

Trustees Allen Kaplan moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees approve the Resolution with the following Friendly Amendments to the Resolution: delete the current item (c) of the Resolution in which ACC agrees to a formal presentation to the entities in the Zone; add that the ACC Board of Trustees received a formal presentation by Mr. Gonzales; and designate Bill Mullane Executive Director for Facilities and Construction, as the College representative to meet with City staff on any questions related to the Zone.

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

FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Barbara Mink and Jeffrey Richard were absent from the meeting.

Attachment B.

Agenda Item 8506

Discussion on Developmental Education

Planning for FY09

Chair McRaven introduced the item and Mr. Mike Midgley, Vice President for Workforce Education & Business Development, provided information on the FY09 Developmental Education Planning including personnel, student success, instructional faculty & staff training, participation in State initiatives, and monitoring research and emerging best practices. Ms. Soon Merz, Associate Vice President for Effectiveness and Accountability, provided information on the Longitudinal Data Base Project.

Mr. Midgley, Ms. Merz , and Dr. Stephen B. Kinslow responded to questions from Trustees.

Agenda Item 8507

Policy Compliance Report: E-4 Organizational

Performance/Evaluation/Auditing Report

Chair McRaven introduced the item. ACC is committed to the concept of continuous quality improvement and, through Board Policy and administrative practice, seeks to measure its organizational effectiveness through a variety of assessments. These assessments include the Internal Audit Work Plan and the Internal College Survey. Results of these assessments are incorporated into institutional improvement efforts.

Mr. Imad Mouchayleh, Director of Internal Audit, discussed the Internal Audit Work Plan for Fiscal Year 2008-2009. Ms. Soon Merz called attention to the Internal College Survey Spring 2008 Highlights and responded to questions from Trustees.

Agenda Item 8508

Approval of Interlocal Agreement with

City of Austin for Temporary Parking

for the Rio Grande Campus

Chair McRaven introduced the item and Mr. Ben Ferrell and Mr. Bill Mullane provided information. ACC staff and Counsel negotiated an agreement with the City of Austin’s legal counsel and staff for temporary use of the City’s tennis courts near the Rio Grande Campus as supplemental student parking for the campus. The proposed agreement would allow ACC to prepare the tennis courts to provide more than 70 additional parking spaces, and would allow their use until the City begins construction of a skate park on the site in the spring of 2009. The Austin City Council approved the agreement on September 25, 2008. In return, ACC will include certain electrical lighting connections for the City’s new skate park that will replace the tennis courts. Costs to ACC for the City’s lighting connections are expected to be less than $5,000. Funding will come from budgeted Facilities Improvement funds.

Mr. Bill Mullane responded to questions from Trustees.

Trustees James McGuffee moved and Tim Mahoney seconded that:

MOTION: The Board of Trustees approve the Interlocal Agreement with the City of Austin for temporary parking for the Rio Grande Campus.

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

FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Barbara Mink and Jeffrey Richard were absent from the meeting.

Attachment C.

Agenda Item 8509

Selection of Delivery Method and Delegation

of Authority to Enter into a Contract for

Renovation and Repair of Window Seals for

the Pinnacle Campus

Chair McRaven introduced the item and Mr. Ben Ferrell provided information. The window seals on the Pinnacle Campus are 25 years old. Over time, the seals have deteriorated to a point where they need replacement. Completion of this work, along with the recently completed exterior masonry refurbishment, will make the exterior envelope of the Pinnacle water tight and leak free. This project is a renovation project approved in the ACC Facilities Improvement Budget. Texas Education Code Chapter 44.035(a) requires that the Board, in considering a contract, select the delivery method that provides the best value for the district.

Staff recommended the selection of a builder through the use of a purchasing agreement negotiated through an Interlocal Contract with one or more governmental entities. In this method, the cooperative or other entity administering the selection of vendors follows the selection criteria appropriate for the purchasing method used. The cost of the project is estimated to be $125,000 and is included in the FY2009 Facilities Improvement Budget.

Trustees Veronica Rivera moved and James W. McGuffee seconded that:

MOTION: The Board of Trustees approve the selection of a builder through the use of a purchasing agreement negotiated through an Interlocal Contract with one or more governmental entities in the amount of $125,000 and designate Dr. Stephen B. Kinslow, College President, to execute the contract.

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

FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Barbara Mink and Jeffrey Richard were absent from the meeting.

Agenda Item 8510

Approval of Lease for Parking at the Pinnacle Campus

Chair McRaven introduced the item and Ben Ferrell provided information. ACC recently expanded the paved parking areas at the Pinnacle Campus. However, ACC is required by the City of Austin regulations to permanently close access to areas where students and staff have been parking on bare dirt. ACC has taken steps to comply with these requirements, and as a result, has a need to provide additional land for parking.

Staff have negotiated a short-term lease beginning September 25, 2008, through April 30, 2009, for additional parking under the emergency clause of Board Policy G-2[D], and the Board is asked to ratify the lease. The lease provides a temporary solution for parking during a time of increased enrollments at the Pinnacle Campus, and in a desirable location where non-campus parking options are limited. The lease will provide approximately 100 additional spaces at the old Albertson’s grocery store located at the Oak Hill “Y”, and will be served by ACC’s shuttle service and Capital Metro as a park and ride to the campus. Lease payments of $2,000 per month for seven months ($14,000) would come from the Facilities Improvement Budget.

Trustees Allen Kaplan moved and Tim Mahoney seconded that:

MOTION: The Board of Trustees approve the terms of a new lease to provide additional parking space for the Pinnacle Campus.

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

FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Barbara Mink and Jeffrey Richard were absent from the meeting.

Chair McRaven introduced items:

Agenda Item 8511

Authorization to Negotiate Land in the

Vicinity of the Pinnacle and Eastview

Campuses

and

Agenda Item 8512

Real Estate Update on Land in the Vicinity

of Leander, Texas

Recess

The Board of Trustees of the Austin Community College District recessed into Executive Session at 7:39 p.m. pursuant to Texas Government Code 551.072 regarding the purchase, exchange, lease or value of real property including negotiation of land in the vicinity of the Eastview Campus, Pinnacle Campus, and Leander, Texas.

[Tim Mahoney left the meeting at 8:32 p.m.]

Reconvene

The Board of Trustees of the Austin Community College District reconvened in public session on October 6, 2008, at 8:33 p.m. pursuant to Texas Government Code 551.

Agenda Item 8511 (continued)

Authorization to Negotiate Land in the

Vicinity of the Pinnacle and Eastview

Campuses

and

Agenda Item 8512

Real Estate Update on Land in the Vicinity

Of Leander, Texas

Trustees Veronica Rivera moved and Raul Alvarez seconded that:

MOTION: The Austin Community College District Board of Trustees authorize staff to negotiate for the purpose of acquiring additional land in the vicinity of the Pinnacle Campus and the Eastview Campus and to look into any options available for such acquisitions.

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

FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Veronica Rivera.

AGAINST: None.

ABSENT: Trustees Barbara Mink and Jeffrey Richard were absent from the meeting. Trustee Tim Mahoney was absent for the vote.

Adjournment

Having no motion before the Board, the October 6, 2008, meeting of the Austin Community College District Board of Trustees was adjourned at 8:34 p.m.

Approved By

James W. McGuffee, Board Secretary