MINUTES

Regular Meeting – Board of Trustees

February 2, 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, February 2, 2009, at 6:04 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 6:13 p.m.]; Mr. John-Michael Cortez; Mr. Allen H. Kaplan [arrived at 6:25 p.m.]; Mr. Tim Mahoney; Dr. Barbara P. Mink; and Mr. Jeffrey Richard.

 

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. David Bender, Scholarship Chair of the ACC Foundation.  Mr. Bender expressed appreciation and spoke regarding the value of the contributions to the ACC Foundation.  He introduced Mr. Everett Plante, Chief Information Officer and Vice President of Information Technology at Silicon Labs, presented a check in the amount of $25,000 and spoke regarding ACC and the investment in students.

·        Student/Alumni Spotlight – Mr. Mike Midgley, Vice President of Workforce Education and Business Development, introduced Mr. Henry King of the Business and Automotive Technology program.  Mr. King attended LBJ High School, became a student at ACC in the automotive technology program, and established a small company for repairing automobiles.  Today, with the assistance of other ACC alumni, he has expanded his business and has become an ACC automotive instructor at Crockett and Riverside campuses.  He expressed appreciation to ACC and stated he has learned an important lesson:  We are on the cutting edge of technology and education is never complete. 

 

Citizens Communication

One individual was registered to address the Board:

·        Mr. Gianmarco Conegliano, student, spoke regarding space for the Jewelry program, safety concerns, parking, and pools at every campus.

 

Reports from Associations

·        Adjunct Faculty Association – Mr. Don Morris, President, introduced Ms. Dawn Tawwater, Vice President of the Adjunct Faculty Association.  Mr. Morris spoke regarding ACC shared governance and teamwork.

·        Classified Employees Association – Ms. Suzanne Ortiz, President, spoke regarding the value of ACC Classified employees and compensation.

·        Full-Time Faculty Senate – Dr. Dan Dydek, President, spoke regarding the January 23, 2009, Faculty Senate meeting including a presentation by Mr. Bill Mullane; collaboration; a presentation on Early College Start by Dr. Luanne Preston; an ad hoc committee regarding establishment of an office of ombudsman; and Board Policy F-10, Employee Compensation. 

·        Professional-Technical Employees Association – Ms. Susan Thomason, President, spoke regarding Board Policy F-10, Employee Compensation, including compression, salaries, and calculations.

·        Student Government AssociationMr. Adam Oliphant, Vice President, advised he would present the SGA reports at the Board meetings this semester and spoke regarding SGA activities; TACC Community College Day; TACCTA meeting on February 13; Mr. Joshua Bacak would attend the Annual Community College Legislative Summit in Washington, D.C., February 9-11, 2009; and invited attendance at the annual Black Out on February 13 at the Rio Grande Campus.

 

President’s Report

Dr. Stephen B. Kinslow, College President/CEO, stated the Spring Headcount Enrollment at ACC was 36,060 students.  Dr. Kinslow provided a brief update on legislative matters.  He and Trustee Tim Mahoney provided information regarding possible changes to the Campus 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.  Trustee Veronica Rivera provided a brief report on attendance at the Presidential Inauguration which included a performance by the ACC Jazz Band and attendance by Trustee Jeffrey Richard.  Mr. Richard expressed appreciation for the assistance provided by Congressman Lloyd Doggett.

 

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.  He provided information regarding the recent meeting with the neighborhood regarding the Rio Grande Campus.  

·        Financial Report – December 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 $5.7 million in Net Revenues & Expenses, and a $5.3 million increase in Net Assets.

o       Preliminary Spring enrollments appeared to be up over 10%.  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 $2.2 million.

 

In summary, adjusting revenues up by $4.0 million and expenses down by $1.7 million, Net Revenues over Expenses projected a budget surplus of about $5.7 million and an increase in Total Net Assets of about $5.3 million.  Cash and investments were in line at approximately $190 million, including $128 million in bond proceeds.

 

CONSENT ITEM(S)

Chair McRaven introduced the Consent Agenda.

 

Agenda Item 8548

Minutes of the January 12, 2009, Regular Meeting of the Austin Community College District Board of Trustees

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

 

Agenda Item 8549

Approval of Associate of Applied Science Degree in

Health Information Technology

Recommendation:  That the Board of Trustees approve an Associate of Applied Science Degree in Health Information Technology.

 

Agenda Item 8550

Approval of Proposed Associate of Applied Science

Degree and Related Certificate in Geographic

Information Systems

Recommendation:  That the Board of Trustees approve an Associate of Applied Science Degree and Related Certificates in Geographic Information Systems. 

 

Agenda Item 8551

Approval of Revisions to Board Policy E-2,

Provision of College Facilities

Recommendation:  That the Board of Trustees approve the proposed revisions to Board Policy E-2, Provision of College Facilities.

 

Agenda Item 8552

Approval of Board Policy C-9, Sustainable Practices

Recommendation:  That the Board of Trustees approve a new Board Policy on sustainable practices.

 

Trustee Cortez requested Agenda Item 8552, Approval of Board Policy C-9, Sustainable Practices, be pulled for discussion.

 

Dr. James McGuffee requested that Agenda Item 8551, Approval of Revisions to Board Policy E-2, Provision of College Facilities, be pulled and voted on following discussion of 8552, Approval of Board Policy C-9, Sustainable Practices.

 

Trustees Barbara P. Mink moved and James McGuffee seconded that:

MOTION: The Board of Trustees approve Consent Agenda Items 8548, Minutes of the December 1, 2008, Regular Meeting of the Austin Community College District Board of Trustees; Agenda Item 8549, Approval of Associate of Applied Science Degree in Health Information Technology; and Agenda Item 8550, Approval of Proposed Associate of Applied Science Degree and Related Certificate in Geographic Information Systems.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

 

Agenda Item 8551

Approval of Revisions to Board Policy E-2,

Provision of College Facilities

Recommendation:  That the Board of Trustees approve the proposed revisions to Board Policy E-2, Provision of College Facilities.

 

Agenda Item 8552

Approval of Board Policy C-9, Sustainable Practices

Recommendation:  That the Board of Trustees approve a new Board Policy on sustainable practices.

 

Trustee John-Michael Cortez requested the addition of a third Value Statement to the proposed policy:

 

·        College sustainability practices should be justified by long term cost savings, increased operational efficiencies or enhanced environmental stewardship.

 

He proposed the following revisions to the policy:

 

[2] Minimize the use of non-renewable energy sources on behalf of the College’s built environment by creating a diversified (portfolio) approach to energy use, including the use of local renewable energy as well as conservation measures that reduce energy consumption.

 

[3] Incorporate and promote transportation alternatives and scheduling practices that reduce the total number of individual vehicle trips to and from the campuses College facilities.

 

[4] Track, report and minimize greenhouse gas emissions on behalf of attributed to College operations.

 

[5] Minimize the amount of College generated waste sent to landfill which is generated by the College.

 

On an annual basis, the President will provide a report to the Board detailing the impact of College’s sustainability efforts on the overall capital program, operating costs, energy use, greenhouse gas emissions, solid waste diversion, campus environmentally preferable purchasing and campus transportation practices,

 

Trustees discussed the proposed revisions.  Trustee Mink stated that she did not want a report that would take time.  Dr. Kinslow stated one position would be added in this year’s budget when the College finds the right individual.  Trustee Alvarez stated the he hoped the College would continue to think about personnel costs.

 

Trustees John-Michael Cortez moved and Veronica Rivera seconded that:

MOTION:  The Board of Trustees approve Agenda Item 8551, Revisions to Board Policy E-2, Provision of College Facilities, and new Board Policy C-9, Sustainable Practices, as amended.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.       

 

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E-2. PROVISION OF COLLEGE FACILITIES

Value Statements

·         Facilities planning will be integrated into the College Master Plan, to ensure alignment with college initiatives and operations.

·         College is committed to ensuring that planning for construction, adequate operational support, maintenance, and capital improvements is integrated into resource planning and allocation.

The President, in the context of a multi-year facilities plan updated and submitted for Board approval annually as part of the Master Plan called for in Policy E-1, shall ensure that facilities are provided and allocated to support effective instruction, reflect community needs and declared College priorities, and maximize long-term economic value.

[1] Facilities planning and allocation shall be driven by regional growth, economic considerations and responsiveness to the educational needs of students and of College employees engaged in providing services to students, who shall be consulted extensively during planning for facilities they will use.  In addition to full provision for needed classrooms, laboratories, and learning resources, adequate space shall be provided for faculty offices, student activities, and administrative functions.

[2] The facilities plan shall discuss the extent of unsatisfied demand due to facilities limitations, especially when related to programs or functions previously identified as College priorities, and any geographic demand/supply imbalances.

 [3] Facilities shall be built and maintained to give good long-term economic value.  Care shall be taken to avoid practices (e.g., short-lived components, undersized classrooms) in which reduced initial construc­tion costs are more than offset by increased operational costs.  The facilities plan shall describe methods and plans to ensure that use of College space is highly efficient.

[4] The College shall develop analyses, based mainly on data from exemplary comparable institutions, to estimate the amount, type, and distribution of facilities appropriate for current and projected enrollments, program mix, and staffing levels. 

[5] As part of the annual facilities plan, the Board shall be provided a report updating these analyses, comparing current College facilities usage with desired patterns, and recommending priorities for facilities development.

[6] The administration shall provide reasonable estimates, suitable for use in economic analyses of programs, of the typical annual costs of the various types of facility space used in College operations, including both operating costs and appropriate amortization of capital costs.

[7] College facilities development and renovation activities shall be conducted to respect other community priorities, including environmental protection in the City of Austin's desired development zone, and similar policies in other jurisdictions in which College facilities are located.    

[8] Fundraising for facilities by the College and/or in conjunction with the ACC Foundation shall be for projects including maintenance and renovations that have received Board approval.  Board approval is required to name facilities.

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C-9, Sustainable Practices

 

Value Statements

·         The Austin Community College District is committed to minimizing its impact on the environment and reducing its dependence on non-renewable energy.

·         The College seeks to foster environmental awareness by providing educational leadership in energy conservation efforts, efficient energy use, renewable energy, and recycling.

·         College sustainability practices should be justified by long term cost savings, increased operational efficiencies or enhanced environmental stewardship.

 

The College is committed to stewardship of the environment and to reducing its dependence on non-renewable energy sources.  With this commitment in mind, College operations district-wide shall:

[1] Incorporate the principles of energy efficiency and sustainability in all capital projects, renovation projects, operations and maintenance within budgetary constraints and programmatic requirements.  Sustainability represents the College’s meeting the needs of the present without compromising the ability of future generations to meet their own needs.

[2] Minimize the use of non-renewable energy sources by creating a diversified (portfolio) approach to energy use, including the use of local renewable energy as well as conservation measures that reduce energy consumption.

[3] Incorporate and promote transportation alternatives and scheduling practices that reduce the number of individual vehicle trips to and from College facilities.

[4] Track, report and minimize greenhouse gas emissions attributed to College operations.

[5] Minimize the amount of waste sent to landfill which is generated by the College.

[6] Utilize the College’s purchasing power to meet its sustainability objectives.

On an annual basis, the President will provide a report to the Board detailing the impact of the College’s sustainability efforts on the overall capital program, operating costs, energy use, greenhouse gas emissions, solid waste diversion, environmentally preferable purchasing and transportation practices.

 

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DISCUSSION/POSSIBLE ACTION

 

Agenda Item 8553

Selection of Delivery Method and Delegation of

Authority to Enter into Contracts for Miscellaneous

Campus Improvement Construction Projects

Chair McRaven introduced the item and Mr. Ben Ferrell provided information.

 

Trustees James McGuffee moved and Veronica Rivera seconded that:

MOTION:  The Board of Trustees select the Interlocal Contract Method and Delegate Authority to the President to enter into a contract for a single-occupant accessible restroom on the first floor of Building 3000 at the Northridge Campus.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

 

Trustees James McGuffee moved and Barbara Mink seconded that:

MOTION:  The Board of Trustees select the Interlocal Contract Method and Delegate Authority to the President to enter into a contract for Installation of a Photovoltaic Array for Building G, Riverside Campus.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

 

Agenda Item 8554

Approval of Contract for Construction of

ACC Fire Academy

Chair McRaven introduced the item and Mr. Ben Ferrell provided information. 

 

On August 4, 2008, the ACC Board of Trustees approved the Lease and Facilities Use Agreement Between the City of Austin and Austin Community College.  This agreement allows the District to use space on the site of the City of Austin Fire Academy at 4800 Shaw Lane, Austin, Texas.

 

The terms of the agreement require the District to make certain improvements on the property, including relocating portable buildings to the site and constructing two parking lots.  It will also be necessary to remodel the portable buildings to suit their intended purposes, which include providing instruction space, offices and equipment storage for the Fire Academy.  In addition, ACC will construct a utility building, a storage shelter for the Fire Academy’s fire truck and other firefighting equipment, improve the existing detention facilities, and construct other site improvements.

 

The Board approved a “Design/Bid/Build” Selection of Delivery Method, and delegated to the President the authority to enter into a contract for this work on December 1, 2008.  The project must be completed by July 17, 2009, to allow the Fire Academy to move in and start classes on August 17th.

 

The low bid reflected below is $49,600 higher than estimated two years ago when discussion with the City began. 

 

Funding of $549,600 is provided by 2003 G. O. Bond funds.

                                                                             

Trustees Barbara Mink moved and Jeffrey Richard seconded that:

MOTION:  The Board of Trustees approve C.L. Carson, Co., Inc., as the low bidder for Relocating and Remodeling Potable Buildings, Constructing a Parking Lot and Other Facilities for the ACC Fire Academy.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

 

Agenda Item 8555

Order Enlarging Boundaries of the Austin Community

College District to Include 2008 Annexations of the

City of Austin (COA)

Chair McRaven introduced the item and Mr. Ben Ferrell and Ms. Myra McDaniel, ACC Board Counsel, provided information.

 

On May 16, 2005, the Board of Trustees of the Austin Community College District canvassed the returns of the May 7, 2005, annexation election and declared that portion of the territory of the City of Austin that was outside the boundary of Austin Community College District annexed to Austin Community College District for junior college purposes.  The Texas Education Code 130.066 authorizes the Board of a junior college district to annex, by order, any territory later annexed by or added to a municipality if the junior college district has annexed territory comprising all of a municipality.

 

Staff is requesting that the Board consider declaring by order the properties later annexed into the City of Austin into the ACC taxing district. 

 

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

MOTION:  The Board of Trustees approve an order to include properties annexed into the City of Austin subsequent to the All of Austin annexation of May 2005 on the ACC tax roll.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

(See Attachment A.)

 

Agenda Item 8556

Policy Compliance Report:  E-7, Resource Development

·        Grants Report

·        Foundation Report

Chair McRaven introduced the item and Ms. Mary Harris, Executive Director, Grants Development Office, introduced ACC staff members:  Ms. Susan Patterson and Mr. David Pinter, ACC Grants Development;  Delphine Gonzales, Director of Restricted Accounts; and Stephanie Diina-Dempsey, Executive Director of the ACC Foundation.  Ms. Dempsey presented an overview of the ACC Foundation and responded to questions from Trustees.

 

Agenda Item 8557

Policy Compliance Report:  G-11, Investments

Chair McRaven introduced the item and Mr. Ben Ferrell introduced Mr. Ken Couch, Senior Managing Consultant, PFM, Inc., Investment Advisors.  Mr. Couch distributed the Quarterly Investment Report for the Quarter Ended December 31, 2008, and responded to questions from Trustees.

 

Trustees James McGuffee moved and Barbara Mink seconded that:

MOTION:  The Board of Trustees accept the investment report for the quarter ending December 31, 2008.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

 

Agenda Item 8558

Resolution on Annual Review of Investment Strategies and Policy

Chair McRaven introduced the item.  Mr. Neil Vickers, Associate Vice President, Finance and Budget, and Mr. Ken Couch, PFM, Inc., Investment Advisors, called attention to the current investment strategy and policy and noted the summary of proposed changes to the ACC Investment Policy.  The investment committee proposed changes to the current policy that would adjust ACC’s security allocation percentages in a way that reflects recent changes in Federal guarantees of authorized investments.  They responded to questions from Trustees.

 

Trustees James McGuffee moved and Barbara Mink seconded that:

MOTION:  The Board of Trustees adopt a Resolution of Annual Review of Investment Strategies and Policy as noted on Attachment A of Agenda Item 8558.

VOTE:  The motion passed on a vote of 9-0.

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

AGAINST:  None.

ABSENT:  None.

(See Exhibit B.)

 

Agenda Item 8559

Discussion of Board Policy F-10, Employee Compensation

Chair McRaven introduced the item and Ms. Gerry Tucker, Vice President of Human Resources, provided information regarding the original policy on F-10, Employee Compensation; a revised Policy drafted by the Board on June 18, 2007, with Strike Outs; a revised policy with recommended changes; and the 2008 Texas Community College Teachers Association Survey of Faculty Salaries. 

 

Ms. Tucker advised that the associations have previously addressed the Board regarding some recommended changes.  The proposed policy has recently been submitted to the ACC Administrative Services Council (ASC) for review and comment.  The employee associations have representation on ASC and will have the opportunity to submit additional comments through ASC.  The comments will then be presented to the Board in March or April.

 

Agenda Item 8560

Discussion of FY10 Budget Development Process,

And Policy Compliance Report:  E-1 Master Planning

·        FY10 Budget Planning Directives

·        Process/Calendar

Chair McRaven introduced the item and Mr. Ben Ferrell provided information concerning the FY10 budget process and calendar.  There were no questions from Trustees. 

 

Agenda Item 8561

Mid-Year Informal Evaluation of College President/CEO

Chair McRaven introduced the item.

 

Executive Session

The Board of Trustees of the Austin Community College District recessed into Executive Session at 8:25 p.m. pursuant to Texas Government Code 551.074 regarding personnel matters, including the mid-year informal evaluation of College President/CEO Dr. Stephen B. Kinslow.

 

Reconvene

The Board of Trustees reconvened in public session at 9:25 p.m. on February 2, 2009, pursuant to Chapter 551 of Texas Government Code.

 

Announcements

There were no announcements.

 

Adjournment

Having no motion before the Board, the February 2, 2009, meeting of the Austin Community College District Board of Trustees was adjourned at 9:26 p.m.

 

Approved By          

James W. McGuffee, Board Secretary