MINUTES

Regular Meeting – Board of Trustees

January 12, 2009

 

 

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, January 12, 2009, at 6:15 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. John-Michael Cortez; Mr. Allen H. Kaplan; Mr. Tim Mahoney; Dr. Barbara P. Mink; and Mr. Jeffrey Richard.  Trustee Raul Alvarez 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

·        Ms. Stephanie Dempsey, Executive Director of the ACC Foundation, introduced Mr. Tom Gallagher, Chair of ACC Foundation, and Mr. Charles Quinn, ACC Dean of Business Studies.  A check in the amount of $15,000 was presented to the ACC Foundation by Mr. Tony Sahyon of the Austin Hotel & Lodging Association.

 

Citizens Communication

One individual was registered to address the Board:

·        Mr. Elliott McFadden spoke regarding a proposed ACC policy on sustainability practices.

 

Reports from Associations

·        Adjunct Faculty Association – Mr. Don Morris, President, spoke regarding ACC’s commitment to students; newly developed newly developed Instructional Associate/ College Associate positions; and student learning.  He stated the Adjunct Faculty Association applauds the College for hiring adjuncts in creative ways that benefit the College with the students’ best interest at heart.

·        Classified Employees Association – Ms. Suzanne Ortiz, President, spoke regarding proposed legislation regarding the Windfall Provision Act which would penalize public employees and the proposed funds to be used for financing Texas toll roads.

·        Full-Time Faculty Senate – Dr. Dan Dydek, President, spoke regarding Faculty Senate activities; upcoming meeting of Faculty Senate on January 23, 2009; progress on renovations at the Rio Grande Campus; establishment of an ad hoc committee on The Orientation Program (TOP); position description for the new ACC Executive Vice President/Provost; and a survey regarding smoking on ACC Campuses.

·        Professional-Technical Employees Association – Ms. Susan Thomason, President, expressed appreciation to Dr. Mink for attending the December 12 meeting of the Association, and spoke regarding upcoming Association activities including a February 5 part of the Spanish Conversation series; a cook-off to be held in conjunction with the ACC 35th Anniversary Celebration; interest in Board Policy F-10, Employee Compensation; and work on shared governance processes.

·        Student Government Association – Mr. Adam Oliphant, Vice President, called attention to Brad Burnett’s attendance at the Presidential Inauguration in Washington, D.C., and noted “Brad’s Blog”.  He also spoke regarding SGA representatives attending TOPS to educate new students; SGA Spring Retreat at Rio Grande Campus on January 24, 2009; an upcoming meeting of the Safety Committee with Campus Managers to discuss campus and security safety at the Campuses; safety accomplishments at the Rio Grande Campus; a January 23, 2009, SGA meeting; recent SGA appointments; SGA’s participation in the 81st Texas Legislature; and other SGA activities.

 

President’s Report

Dr. Stephen B. Kinslow, College President/CEO, stated the unofficial first-day Spring Enrollment at ACC was 31,508 students. He and Trustee Tim Mahoney provided information regarding the Citizens Advisory Committees and the process for appointments.  Chair McRaven stated further discussion would occur at a future Board meeting and requested staff to contact current members regarding participation.   

 

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 – November 2008 – Mr. Ben Ferrell, Executive Vice President of Finance and Administration, called attention to the information provided including: 

o       Based on current information, the College’s budget was on track and projecting a positive $3.5 million in Net Revenues & Expenses, and an $8.1 million increase in Net Assets.

o       Spring enrollments appeared to be off to a good start, but it was too early to determine year over year growth.  Fall SCH enrollments were up about 5.0%.  This exceeded the original projections of 2% growth, and therefore tuition revenues were 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 $2.6 million.

In summary, adjusting revenues up by $1.3 million and expenses down by $2.2 million, Net Revenues over Expenses projected a budget surplus of about $3.5 million and an increase in Total Net Assets of about $8.1 million.  Cash and investments were in line at approximately $172 million, including $129 million in bond proceeds.

 

CONSENT ITEM(S)

Chair McRaven introduced the Consent Agenda.

 

Agenda Item 8535

Minutes of the November 17, 2008, Board Forum and December 1, 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 8536

Acceptance of External Audit

Recommendation:  That the Board of Trustees accept the Fiscal Year 2008 Financial Audit Report.

 

Agenda Item 8537

Market Adjustment for ACC Campus Police

Recommendation:  That the Board of Trustees approve compensation market adjustments for ACC College Campus Police to be effective on February 1, 2009. 

 

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

MOTION: The Board of Trustees approve Consent Agenda Items 8535, Minutes of the November 17, 2008, Community Forum, and December 1, 2008, Regular Meeting of the Austin Community College District Board of Trustees; Agenda Item 8536, Acceptance of External Audit; and Agenda Item 8537, Market Adjustment for ACC Campus Police.

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

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

AGAINST:  None.

ABSENT:  Raul Alvarez.

 

DISCUSSION/POSSIBLE ACTION

 

Agenda Item 8538

Legislative Update

Chair McRaven introduced the item.  Ms. Linda Young, Special Assistant to the President for External Affairs, called attention to the Relevant Bills Filed and Summary of State and Federal Legislative Issues, and stated ACC received a good response from the Chambers of Commerce and Legislators regarding legislation proposed by the Austin Community College District and the Texas Association of Community Colleges.  Ms. Young stated legislative updates will be provided monthly at Board meetings and weekly on the Board webpage beginning in February.  She distributed financial aid information prepared by Terry Bazan, ACC Director of Financial Aid.  Ms. Young responded to questions from Trustees and stated the Community College Day/Reception would be February 4.

 

Agenda Item 8539

Approval of Proposed Associate of Applied Science

Degree in Health Information Technology     

Chair McRaven introduced the item and Mr. Mike Midgley, Vice President of Workforce Education & Business Development, stated the proposed Associate of Applied Science Degree in Health Information Technology would provide a course of study specifically designed to prepare students for entry-level positions in health information technology.  Currently, the existing one-year Medical Coding Specialist Certificate would be retained.  A need for the degree has been established with Labor Market Information data.  The degree was approved by the ACC Curriculum and Programs Committee.  Mr. Midgley responded to questions from Trustees.  This item will be included on the agenda for action at the February 2, 2009, meeting.

 

Agenda Item 8540

Approval of Proposed Associate of Applied Science Degree

in and Related Certificate in Geographic Information Systems

Chair McRaven introduced the item and Mr. Mike Midgley, Vice President of Workforce Education & Business Development, stated the proposed Associate of Applied Science Degree and Related Certificates in Geographic Information Systems would provide a course of study specifically designed to prepare students for entry-level positions in geographic information technology.  The need for the degree and certificates was established with Labor Market Information data.  The Degree and certificates were approved by the ACC Curriculum and Programs Committee.  Mr. Midgley responded to questions from Trustees.  This item will be included on the agenda for action at the February 2, 2009, meeting.

 

Agenda Item 8541

Approval of Contract for Media Improvements to the

Highland Business Center Board Room (201)

Chair McRaven introduced the item and Mr. John Kennie, ACC Manager of Video Services/ Distance Learning, stated the audio/video, and computer equipment in the ACC Board Room is obsolete and had become increasingly difficult to use and maintain.  Upgrading the media technology in the Board Room was necessary and desirable to maintain quality electronic communications with the ACC community, and to support College and community functions held in the HBC Board Room (201).  Ford Audio-Video Systems was recommended by a selection committee to provide the best value for the District through a Request for Proposal process.  The recommended contract for $125,800 includes 42” flat panel televisions, 3 additional cameras, microphone upgrades, and improved lectern, upgrades to the Board Executive Room, installations, etc., will be funded from facilities improvement funds.

 

Trustees Allen H. Kaplan moved and John-Michael Cortez seconded that:

MOTION: The Board of Trustees approve the proposed contract with Ford audio-Video Systems for media upgrades in the ACC Highland Business Center Board Room (201)

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

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

AGAINST:  None.       

ABSENT:  Raul Alvarez.

 

Agenda Item 8542

Selection of Delivery Method and Delegation of

Authority to Enter into Contracts for Miscellaneous

Campus Improvements Construction Projects

·        Ventilation Improvements for the Riverside Campus Welding Lab – Interlocal Method

·        Construction of a Canopy for the Riverside Campus Welding Lab – Interlocal Method

 

Chair McRaven introduced the item and Ben Ferrell stated that these items were renovation and construction projects which were approved in the ACC Master Plan and Budget.  Texas Education Code Chapter 44.035(a) requires that the Board, in considering a construction contract, must select the method that provides the best value for the district.  Funding is provided in the FY 2009 Facilities Improvement budget or from General Obligation Bonds.

 

Trustees Veronica Rivera moved and Allen H. Kaplan seconded that:

MOTION: The Board of Trustees approve the Ventilation Improvements for the Riverside Campus Welding Lab – Interlocal Method, and delegate authority to the President to enter into a contract for this miscellaneous campus improvement project.

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

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

AGAINST:  None.       

ABSENT:  Raul Alvarez.

 

Trustees Veronica Rivera moved and Allen H. Kaplan seconded that:

MOTION: The Board of Trustees approve the Construction of a Canopy for the Riverside Campus Welding Lab - Interlocal Method, and delegate authority to the President to enter into a contract for this miscellaneous campus improvement project.

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

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

AGAINST:  None.       

ABSENT:  Raul Alvarez.

 

Agenda Item 8543

Revision of Board Policy E-2, Provision of College Facilities, and Approval of Board Policy C-9, Sustainable Practices

Chair McRaven introduced the item and Mr. Ben Ferrell called attention to a report presented at the  November 3, 2008, Board meeting on Board Policy E-2, Provision of College Facilities, and College efforts regarding recycling and sustainability.  Staff has prepared a proposed new policy on sustainable practices.  Language in the current E-2 policy would be removed that is now addressed by the new C-9 policy.  Dr. Stephen B. Kinslow and Mr. Ferrell responded to questions from Trustees.  Dr. Kinslow stated that the suggested revisions would be made to the proposed policy and would be included on the Consent agenda for the February 2, 2009, meeting.

 

Dr. Kinslow expressed appreciation to the Student Government Association, Trustee Veronica Rivera, and Ben Ferrell and his staff for their work on the proposed new C-9 policy.

 

Agenda Item 8444

Round Rock Campus Planning

Chair McRaven introduced the item.  Mr. Ben Ferrell and Mr. Bill Mullane provided information and distributed maps.  Mr. Tommy Cowan of Graeber, Simmons, & Cowan, responded to questions from Trustees regarding core drillings on the Round Rock Campus property.  Trustee Veronica Rivera expressed appreciation for the work of the President and Administration.

 

Agenda Item 8445

Update on Real Estate Exploration and Approval

to Purchase Additional Land for the Round Rock Campus

Chair McRaven introduced the item.

 

Agenda Item 8446

Approval of Legal Fees

Chair McRaven introduced the item.

 

Executive Session

The Board of Trustees of the Austin Community College District recessed into Executive Session at 8:08 p.m. to consult with Legal Counsel pursuant to Texas Government Code 551.071, including approval of legal fees; and pursuant to Texas Government Code

551.072 regarding the purchase, exchange, lease or value of real property, including an update on real estate exploration and land in the vicinity of the Round Rock Campus.

 

Reconvene

The Board of Trustees reconvened in public session pursuant to Texas Government Code, Chapter 551, at 9:12 p.m. on Monday, January 12, 2009.

 

Agenda Item 8546

Approval of Legal Fees

Chair McRaven introduced the item.

Trustees Tim Mahoney moved and Veronica Rivera seconded that:

MOTION: The Board of Trustees approve $4,700 to an attorney for settlement.

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

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

AGAINST:  None.       

ABSENT:  Raul Alvarez.

 

Agenda Item 8545

Update on Real Estate Exploration and Approval

to Purchase Additional Land for the Round Rock Campus

Chair McRaven introduced the item.

Trustees Veronica Rivera moved and Barbara Mink seconded that:

MOTION: The Board of Trustees approve the contract to purchase 24.66 acres of a 98 acre tract along the west side of the ACC Round Rock Campus in the amount of $4,833,872.50 and in addition approval of a letter of credit in the amount of $81,950 and the second letter of credit in the amount of $576,070.

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

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

AGAINST:  None.       

ABSENT:  Raul Alvarez.

 

Agenda Item 8547

Mid-Year Informal Evaluation of College President/CEO

Chair McRaven stated discussion of this item was postponed until a future Board meeting.

 

Adjournment

Having no motion before the Board, the January 12, 2009, meeting of the Austin Community College District Board of Trustees was adjourned at 9:15 p.m.

 

Approved By

James W. McGuffee, Board Secretary