MINUTES

Regular Meeting – Board of Trustees

December 1, 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, December 1, 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 6:15 p.m.); Mr. John-Michael Cortez; Mr. Allen H. Kaplan; Mr. Tim Mahoney; and Dr. Barbara P. Mink. Trustee Jeffrey Richard 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

· Mr. Tom Gallagher, Chair of the ACC Foundation, spoke regarding the ACC Math Competition and introduced Mr. Tony Vance of the ACC Math Department. Mr. Vance expressed appreciation to the ACC Foundation for the on-going support of the Math Competitions. He also expressed appreciation to ACC faculty and staff and to Houghton Mifflin Publishing Company for support. Mr. Vance introduced scholarship winners in attendance:

o Acy Stapp (1^st Place) – Acy plans to transfer to UT Austin and major in biomedical engineering. Acy would like to pursue graduate work in neuro-imaging involving non-invasive brain-computer interfaces that would enable better prosthetics and cognitive augmentations such as memory aids and calculating tools.

o Mehmet Erol Yesin – Mehmet plans to transfer to UT Austin with a double major in Computer Engineering and Electrical Engineering.

o Ann True – Ann plans to transfer to the University of British Columbia in Vancouver, Canada, or UT Austin majoring in Economics.

o Austin Arlitt – Austin started at ACC as an Early College Start student, is currently majoring in Math at ACC, and plans to transfer to UT Austin in Fall of 2009.

o Haowei Wang – Haowei immigrated to Austin from China and took ESL classes at ACC prior to enrolling in college credit classes. Haowei plans to transfer to UT Austin majoring in Applied Mathematics.

Other winners who were unable to attend the Board meeting were:

o Charles Medford – Charles is majoring in Math at ACC.

o Sulap Khatiwada – Sulap is majoring in Biology at ACC.

o Aaron Smith – Aaron is home-schooled and enrolled in dual credit at ACC. He is planning to major in Engineering.

· Mr. Mike Midgley, Vice President, introduced Ms Ty Bates – Radio, Television, and Film Major. Ms. Bates spoke regarding her experience at ACC. She graduated from high school in 2005 and enrolled at Texas State University. She said she was overwhelmed in her first year at Texas State, did poorly, and withdrew. Her mother encouraged her to attend ACC in 2006 as a stepping stone back to Texas State. But, she fell in love with ACC and decided to remain at ACC. The classes were smaller, the instructors were personable, and everyone knew her. She found she was able to make friends, participate in campus activities, and was excited about her classes. After two years, she now plans to transfer back to Texas State with a GPA of 3.67. She expressed appreciation to every one who helped her at ACC and stated she was now excited about transferring back to Texas State.

Citizens Communication

One individual was registered to address the Board:

· Mr. Scott Johnson, citizen, spoke regarding a proposed sustainability proposal.

Reports from Associations

· Adjunct Faculty Association – Mr. Don Morris, President, spoke regarding the AFA General Meeting and thanked Trustees Mink and Mahoney for attending; AFA compensation; update on By-Laws; complaints and grievance procedures; and shared governance. He expressed appreciation for the leadership of the College, administration, and Board of Trustees.

· Classified Employees Association – Ms. Suzanne Ortiz, President, spoke regarding fundraising, participation in classification and compensation discussions, and holiday plans for the Association,

· Full-Time Faculty Senate – Dr. Dan Dydek, President, spoke regarding faculty compensation versus Board Policy F-10, Employee Compensation.

· Professional-Technical Employees Association – Ms. Susan Thomason, President, spoke regarding fundraisers for the Association’s Emergency Fund, a luncheeon on December 12, 11:00 a.m.at HBC for Blue Santa Toy Drive, and other Association activities.

· Student Government Association – Mr. Brad Burnett, President, spoke regarding instituting new procedures and standards with respect to internal organizations; reorganizing SGA committee structure; creation of new committees; safety standards and practices; appointment of new Senators; and SGA projects. He introduced new Senators.

President’s Report

Dr. Stephen B. Kinslow, College President/CEO, discussed and distributed information regarding proposed plans for the ACC Speakers Bureau. He expressed appreciation to Trustees who have made visits to discuss ACC legislative priorities with legislators, and indicated Trustees will be asked to participate in the Speaker’s Bureau.

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.

· Financial Report – October 2008 – Mr. Ben Ferrell, Vice President, Business Services, called attention to the information provided including:

o Based on current information, the College’s budget was on track and projecting a positive $3.2 million Net Revenues & Expenses, and a $7.8 million increase in Net Assets.

o Fall SCH enrollments were up about 5.0%. This exceeds the original projections of 2% growth, and therefore tuition revenues are projected to be 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 $1.8 million.

In summary, adjusting revenues up by $1.5 million and expenses down by $1.7 million, Net Revenues over Expenses projected a budget surplus of about $3.2 million and an increase in Total Net Assets of about $7.8 million. Cash and investments were in line at approximately $180 million, including $129 million in bond proceeds.

· Reports on South Austin Campus and Riverside Campus Student Forums – Trustees Mink, Alvarez, Cortez, and Mahoney stated the Forums were well attended and comments from the students were provided.

· Report on November ACC Foundation Board Meeting – Trustee Barbara Mink provided information from the November meeting of the ACC Foundation Board. She stated that Mark Clayton from St. David’s is a new Board member. Dr. Mink reported that over 260 scholarships were awarded which totaled over $365,000. The Leander Educational Excellence Foundation provided a scholarship in the amount of $5,000.

· Report on Community Engagements

o Trustee Mink reported that the Elected Women’s Public Officials would meet on December 9.

o Trustee Cortez reported on the Fostering Support Reception held at the Eastview Campus and commented on the success of the event and the services provided by the College to foster care students.

o Trustee Cortez attended the opening of a new charter school on Kramer Lane for students who have dropped out of high school and are now dual-enrolled students in the charter school and ACC.

o Trustee Cortez also reported on the Texas Higher Education Conference which began on December 1.

CONSENT ITEM(S)

Chair McRaven introduced the Consent Agenda.

Agenda Item 8522

Minutes of the October 20, 2008, Community Forum; and November 3, 2008, Regular Meeting of the Austin Community College District Board of Trustees

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

Agenda Item 8523

Approval of Membership in Community College

Association of Texas Trustees (CCATT)

Recommendation: That the Board of Trustees approve joining the CCATT.

Agenda Item 8524

Authorization for President/CEO to Serve as

Adjunct Professor at The University of Texas at Austin

Recommendation: That the Board of Trustees approve the President/CEO to consider adjunct teaching or other part-time assignment to the UT Austin Department of Educational Administration.

Trustee Mink requested that Agenda Item 8523, Approval of Membership in Community College Association of Texas Trustees (CCATT), be pulled for discussion. The item was pulled from the Consent Agenda.

Trustees Veronica Rivera moved and Tim Mahoney seconded that:

MOTION: The Board of Trustees approve Agenda Items 8522, Minutes of the October 20, 2008, Community Forum, and November 3, 2008, Regular Meeting of the Austin Community College District Board of Trustees; and Agenda Item 8524, Authorization for President/CEO to Serve as Adjunct Professor at The University of Texas at Austin.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard

Agenda Item 8523

Approval of Membership in Community College

Association of Texas Trustees (CCATT)

Recommendation: That the Board of Trustees approve joining the CCATT.

Trustee Mink inquired regarding the officers of the Association and how many institutions have joined the Association at this time. Trustee Kaplan stated current officers until the June annual meeting of the Association are: Roberto Zarate of the Alamo Community College District is the Chair; Kitty Boyles of the Dallas Community College District is the Vice Chair; Chris Sadler from Del Mar College is the Secretary; Allen Kaplan from the Austin Community College District is the Treasurer. The Directors are: Stacy Arios from Collin Community College; Gary Vessell from Alamo Community College District; Chris Daniel from Lone Star Community College; Nicolas Dominguez from El Paso Community College District; Tino Gonzales from Galveston Community College; and John Hernandez, former Trustee of the Austin Community College District, has been asked to join the Board to represent the Alumni Trustees; Jack Jones from Temple Community College; Diane Almos-Guzman from Houston Community College; David Hudson from Tyler Community College; Holly Beth Malcom from Texarkana Community College; Denver McClellan from Alamo Community College District; and Pete Saenz from Laredo Community College.

Every Texas community college has been invited to join the Association. Nineteen community colleges have joined the Association at this time.

Trustee Rivera indicated that she would abstain from vote on this item since her law firm had prepared CCATT documents and the firm would be compensated. Trustee Mink inquired whether there were other individuals who would be compensated. Mr. Kaplan responded that there was not.

Trustees Allen H. Kaplan moved and Raul Alvarez seconded that:

MOTION: The Board of Trustees approve joining the CCATT.

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 Barbara P. Mink.

AGAINST: None.

ABSTAIN: Veronica Rivera.

ABSENT: Jeffrey Richard.

Agenda Item 8525

FY08 Draft External Audit/Management Letter

Chair McRaven introduced the item. Mr. Ben Ferrell, Executive Vice President of Finance and Administration, distributed a copy of the draft audit and stated the draft audit gave ACC an unqualified (“clean”) opinion. An unqualified opinion assures the Board that the financial statements present fairly in all material respects the financial position of the District as of August 31, 2008, and were prepared in conformity with applicable accounting and auditing standards for governmental colleges and universities in the United States. The audit was conducted by McConnell & Jones, CPA’s, Houston, Texas. Mr. McConnell was introduced and spoke regarding the audit and the unqualified opinion. This item will be included on the January 12, 2009, Board agenda for action.

Agenda Item 8526

Briefing by City of Austin Staff on the Proposed

Homestead Preservation Reinvestment Zone, a

Tax Increment Financing (TIF) Zone Supporting

Affordable Housing in the Homestead Preservation

District

Chair McRaven introduced the item. The City of Austin is proposing the creation of a Homestead Preservation Reinvestment Zone. Since ACC is a taxing entity within the TIF, the City is required to provide a briefing to the ACC Board. The City requested that a briefing occur prior to December 17, 2008, in order to assist the City with their timeline for the proposed TIF.

On November 3, 2008, the ACC Board passed a Resolution related to this TIF.

Ms. Margaret Shaw of the City of Austin presented a briefing at the Board meeting. She stated that no action was required.

Agenda Item 8527

Approval of Selection of Contractor for Construction

Site Lighting Improvements at Riverside Campus

Chair McRaven introduced the item. Mr. Ben Ferrell stated improvements and repairs were necessary to existing site lighting at the Riverside Campus to increase lighting levels in various areas, and to replace some deteriorated lighting standards in the parking lots and along campus driveways. The work will enhance the safety of the Campus. W. K. Jennings Electric, Co., Inc., was recommended as the low bidder for Site Lighting Improvements at the Riverside Campus. Funding of $274,900 is from GO Bond funds, from the District-wide Renovations category.

Trustees Allen H. Kaplan moved and James W. McGuffee seconded that:

MOTION: The Board of Trustees approve W. K. Jennings Electric Company, Inc., as the low bidder for Site Lighting Improvements at the Riverside Campus.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

Agenda Item 8528

Selection of Delivery Method and Delegation of

Authority to Enter into Contracts for Miscellaneous

Campus Improvements Construction Projects

Chair McRaven introduced the item and Mr. Ben Ferrell and Mr. Bill Mullane, Executive Director, Facilities and Construction, provided information and requested that the Board of Trustees, for each item and by separate vote, select the Interlocal delivery method and delegate authority to the President to enter into contracts for miscellaneous campus improvements construction projects. The Interlocal method allows ACC to select a contract through the use of a purchasing agreement negotiated through an Interlocal Contract with one or more other governmental entities. The items are renovation and construction projects approved in the ACC Master Plan and budget.

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

MOTION: The Board of Trustees select the Interlocal delivery method and delegate authority to the President to enter into a contract for the Service Center Water Proofing Project.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

Trustees Veronica Rivera moved and Raul Alvarez seconded that:

MOTION: The Board of Trustees select the Interlocal delivery method and delegate authority to the President to enter into a contract for the Northridge Building 2000 Roofing Replacement.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

Trustees Veronica Rivera moved and Barbara Mink seconded that:

MOTION: The Board of Trustees select the Interlocal delivery method and delegate authority to the President to enter into a contract for Relocating and Remodeling Portable Buildings, Constructing a Parking Lot, and Other Facilities for the ACC Fire Academy.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

Agenda Item 8529

Renewal of Bank Resolution with Bank America

Chair McRaven introduced the item and Mr. Ben Ferrell noted that in order for authorized employees of the College to transact business with Bank America, the Bank must have an updated Resolution from the Board of Trustees designating those employees as “Authorized Signers”. This update was needed because some of the authorized signers have new titles, and authorization was originally granted by title. Futhermore, the Bank has a new version of their standard resolution. Therefore, the Bank requested that the Resolution be updated to reflect the new format and new titles.

Trustees James W. McGuffee moved and Raul Alvarez seconded that:

MOTION: The Board of Trustees adopt an updated Banking Resolution for the College’s depository, Bank of America. The Banking Resolution designates the “Authorized Signers” of the College.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

(Attachment A.)

Agenda Item 8530

Approval of Contract for Campus Shuttle Services

Chair McRaven introduced the item and Mr. Ben Ferrell provided information. The Board was asked to approve shuttle service currently employed for the ACC Pinnacle Campus and approve additional vendors should the College need additional shuttle services in the future (to address construction or safety issues, etc.). The three vendors recommended were: Kerrville Bus Company/Coach America; Star Shuttle; and Clark Travel.

In September 2008, ACC leased park and ride space at Oak Hill Plaza, and arranged to use parking at AISD’s Berger Center, and began providing a park and ride shuttle service to the Pinnacle Campus. The service was necessary due to increased enrollments at the campus, closure of dirt parking lots on the campus, and a scheduling change in Cap Metro service at Oak Hill Plaza. Due to safety concerns related to off-campus alternatives, staff informed the Board and subsequently advertised for bids to continue providing service to Pinnacle, and at other ACC locations, if needed. Currently, ACC’s other campuses are well served by Cap Metro routes, and do not require additional shuttles.

The shuttle is intended to be a short-term solution, and staff is exploring options to provide a long-term solution to parking issues at Pinnacle and other campuses. The possibility of a student rider fee will also be explored to partially recover the cost of the shuttle as part of the FY 2010 budget development.

Two shuttles have been running since late September. Based on ridership figures, one shuttle would suffice for the Spring semester. Total expected costs for Fall and Spring are $188,000.

Trustees discussed shuttle services.

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

MOTION: The Board of Trustees formally approve the shuttle service currently employed at the ACC Pinnacle Campus.

VOTE: The motion passed on a vote of 7-1.

FOR: Raul Alvarez, John-Michael Cortez, Tim Mahoney, James McGuffee, Nan McRaven, Barbara P. Mink and Veronica Rivera.

AGAINST: Allen H. Kaplan.

ABSENT: Jeffrey Richard.

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

MOTION: The Board of Trustees approve the three vendors listed: Kerrville Bus Company/Coach America, Star Shuttle, and Clark Travel as the vendors if and when shuttle bus services would be needed at any of the ACC campuses.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

Agenda Item 8531

Approval of Contract for Media Improvements

To ACC Board Room (HBC-201)

Chair McRaven introduced the item and Mr. Ben Ferrell stated approval was requested for the Board to approve a contract with Ford Audio-Video Systems for media upgrades in the ACC Board Room. The audio, video, and computer equipment in the ACC Board Room is obsolete and increasingly difficult to use and maintain. Upgrading the media technology in the Board Room is necessary and desirable to maintain quality electronic communications within the ACC community and to support College functions held in this space. The recommended contract for $125,800 will be funded from facilities improvement funds.

Trustees discussed the project. Originally, the improvements were planned to occur during the winter break; however, the date was changed to occur during spring break. This item will be brought back to the Board for action at the January 12, 2009, meeting.

Agenda Item 8532

Market Compensation Adjustment

for ACC Campus Police

Chair McRaven introduced the item and Ms. Gerry Tucker, Vice President for Human Resources, provided information. The Board of Trustees was requested to approve compensation market adjustments for ACC College Police Patrol Officers to be effective February 1, 2009.

ACC has posted a minimum of five vacancies over the past ten months and has not been able to fill all of the positions necessary for campus safety. ACC also continues to loose employees to other agencies due to the low compensation.

Human Resources recently conducted a local market survey which indicates ACC’s compensation is the lowest among the local law enforcement agencies. Many local law enforcement agencies provide incentives, bonuses and longevity pay to retain their employees. The College does not provide supplemental compensation. Based on the market survey, ACC pays seven thousand dollars less than AISD (which is most comparable to ACC’s job requirements).

The proposed compensation market adjustment will make ACC salaries more competitive with the local market and allow ACC to attract and retain its Police Patrol Officers. Because these compensation changes increase an employee’s compensation rate by 10% or more, this item was referred to the Board for action. The total cost for the compensation market adjustments is $269,854. These funds will be secured from the lapsed salaries/vacancies for these positions.

ACC Police Chief Waller provided information regarding comparability. Trustees expressed appreciation to Chief Waller for the job he is doing.

This item will be included on the January 12, 2009, Board agenda for action.

The agenda was re-ordered to consider Agenda Item 8534 as the next item.

Agenda Item 8534

Discussion of Mid-Year Informal Evaluation

Process of College President/CEO

Chair McRaven introduced the item and called attention to the process and materials provided. She asked that Trustees review the materials prior to the next Board meeting. This item will be included on the January 12, 2009, Board agenda for discussion in Executive Session.

Agenda Item 8533

Ratification of EEOC Conciliation Agreement

Chair McRaven introduced the item.

Executive Session

The Board of Trustees of the Austin Community College District recessed into Executive Session at 8:17 p.m. pursuant to Texas Government Code 551.071, including ratification of EEOC settlement offer; pursuant to Texas Government Code 551.071, relating to the purchase exchange, lease or value of real property, including relocation, remodeling, and parking for the ACC Fire Academy.

Reconvene

The Board of Trustees reconvened in public session at 8:40 p.m.

Agenda Item 8533

Ratification of EEOC Conciliation Agreement

Chair McRaven introduced the item.

Trustees Veronica Rivera moved and Raul Alvarez seconded that:

MOTION: The Board of Trustees ratify the EEOC Conciliation Agreement discussed in Executive Session.

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

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

AGAINST: None.

ABSENT: Jeffrey Richard.

Adjournment

Having no motion before the Board, the December 1, 2008, meeting of the Austin Community College District Board of Trustees was adjourned at 8:41 p.m.

Approved By

Dr. James W. McGuffee, Board Secretary