MINUTES
Regular Meeting – Board of Trustees
April 13, 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, April 13, 2009, at 6:09 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: Ms. Nan McRaven, Chair/Presiding Officer; Ms. Veronica Rivera, Board Vice Chair; Dr. James W. McGuffee, Board Secretary; Mr. Raul Alvarez [arrived at 6:30 p.m.]; Mr. John-Michael Cortez; Mr. Allen H. Kaplan; Mr. Tim Mahoney; Dr. Barbara P. Mink; Mr. Jeffrey Richard; and Ms. Veronica Rivera.
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. Nan McRaven, Chair of the ACC Board of Trustees, acknowledged the new production equipment in the Board Room including additional cameras, monitors, and lectern. She stated new computers would be placed at each Trustee’s station at the dais prior to the May Board meeting.
· Ms. Stephanie Dempsey, Executive Director of the ACC Foundation, introduced Mr. David Bender, of the ACC Foundation; Mr. Jimmy Ferguson, member of the ACC Foundation Board and local McDonald’s Group; and Mr. Dan Kenny, President of the local McDonald’s Group. A check in the amount of $10,000 was presented to the ACC Foundation for ACC scholarships by Mr. Ferguson and Mr. Kenny. Trustees expressed appreciation to Mr. Ferguson and Mr. Kenny for McDonald’s generous contribution to scholarships for ACC students.
· Mr. Frank Taylor, President of the ACC Chapter of the Texas Association of Black Personnel in Higher Education, presented an award to Austin Community College in appreciation for the support and sponsorship of the recent Conference of the Texas Association of Black Personnel in Higher Education held in Austin.
· Mr. Mike Midgley, ACC Vice President, introduced Ms. Jenifer Pascua, English Major and Tutor, at Austin Community College. She provided information regarding the impact ACC has had on her life including her experiences as a student and as an employee. She was inspired by the faculty and staff at ACC to pursue a degree in higher education. She started as a developmental education student and will now receive an Associate’s Degree in English. She expressed appreciation to faculty and staff for providing her with the opportunity to Start Here and Get There. Trustees expressed appreciation to Ms. Pascua for the information provided.
Citizens Communication
The following individuals were registered to address the Board:
· Ms. Kathy Judge, ACC employee, spoke regarding Board Policy F-10, Employee Compensation.
· Ms. Jane Dugan, ACC employee, spoke regarding Board Policy F-10, Employee Compensation.
· Mr. Mark Goodrich, ACC employee, spoke regarding Board Policy F-10, Employee Compensation.
· Dr. John Cise, ACC faculty, distributed information and spoke regarding Board Policy F-10, Employee Compensation.
· Mr. Jon Luckstead, ACC faculty, spoke regarding Board Policy F-10, Employee Compensation.
Reports from Associations
· Adjunct Faculty Association – Mr. Don Morris, President, expressed appreciation for attendance at the March 27, 2009, Spring General Meeting, donations to the Silent Auction held on Saturday, March 28, 2009, and spoke regarding Board Policy F-10, Employee Compensation.
· Classified Employees Association – Ms. Suzanne Ortiz, President, spoke regarding the ACC All ACCess event held on March 28, 2009, and Board Policy F-10, Employee Compensation.
· Full-Time Faculty Senate – Dr. Dan Dydek, President, spoke regarding an ombudsman position; Full-Time Faculty activities; Board Policy F-10, Employee Compensation; and an event to honor Dr. John Cise of the ACC Full-Time Faculty.
· Professional-Technical Employees Association – Ms. Susan Thomason, President, spoke regarding an ACC ombudsman position; food service; Spanish series; and the Association’s “You Rock ACC” project.
· Student Government Association – Mr. Brad Burnett, President, addressed the Board for the final time as President of the Student Government Association, and spoke regarding Association activities; current SGA elections; expressed appreciation for the Administration’s and Board’s support of the SGA; and added that he would not forget the many skills learned while working with over 35,000 students. He thanked College administrators, Trustees, faculty, staff, and students for the dedication and assistance provided to him. He invited attendance at the Student Government Association Awards Banquet on May 8 at Cannoli Joe’s. Mr. Burnett introduced Grace Tan, SGA Treasurer during the past 2 years, and Christine Sattler, current SGA Secretary. Trustees expressed appreciation to Mr. Burnett for his leadership of SGA.
President’s Report
Dr. Stephen B.
Kinslow, College President/CEO, provided information on the Federal Stimulus,
including a Green Economy Forum, the ACC Federal Stimulus Office and employment
of Dr. Gene Binder in ACC’s Federal Stimulus Office. Dr. Kinslow
expressed appreciation to the many participants and attendees at the ACC All
ACCess event at the Eastview Campus on March 28, 2009. He also called
attention to the upcoming VIP “Who Knew” event to be held on April 23 at the
Easview Campus in honor of ACC’s 35th Anniversary. Dr. Kinslow
advised that he, Trustee Barbara Mink, Dr. Mary Hensley, and Dr. Susan Dawson,
presented information at the Council for the Study of Community Colleges Annual
Conference held in
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 stated that the Guaranteed Maximum Price was received from SpawGlass Contractors, Inc. for the Round Rock Campus and noted that the Guaranteed Maximum Post came in at under $78.2 million. He advised that construction has begun on the 7th floor of the parking garage at the Rio Grande Campus.
· Financial Report – February 2009 – 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 $5.8 million in Net Revenues & Expenses, and an $11.4 million increase in Net Assets.
o Spring enrollments were up 12.5%. 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 $2.1 million.
In summary, adjusting revenues up by $4.4 million and expenses down by $1.4 million, Net Revenues over Expenses projected a budget surplus of about $5.8 million and an increase in Total Net Assets of about $11.4 million. Cash and investments were in line at approximately $231 million, including $128 million in bond proceeds. Mr. Ferrell responded to questions from Trustees.
· Report on Pinnacle Campus Forum – Chair McRaven and Trustee Mahoney provided comments from the Pinnacle Campus Forum including making students aware of scholarship funds and monitoring and marketing services; internet options; and learning differences.
· Legislative Update - Ms. Linda Young,
Special Assistant to the President for External Affairs, provided information
regarding: Federal—House and Senate passed respective budget resolutions
on April 3, 2009; DREAM Act was introduced in both House and Senate;
Austin Community College District has progressed toward goals to respond to the
Stimulus Package of the American Recovery and Reinvestment Act and recently
hosted the Green Economy Forum at the ACC Eastview Campus; The Federal Stimulus
Office was announced at ACC, and Dr. Gene Binder because the Stimulus Response
Officer at ACC. State—ACC has been working to expand support and
co-sponsorships for the two bills that impact the Proportionality issue:
House Bill 2083 and Senate Bill 41. ACC has also been working with the
Good Company on Clean Energy for
CONSENT ITEM(S)
Chair McRaven introduced the Consent Agenda.
Agenda Item 8570
Minutes of the March 2, 2009, Regular Meeting
of the Austin Community College District Board of Trustees
Recommendation: That the Board of Trustees approve the Minutes as presented.
Trustees James McGuffee moved and Jeffrey Richard seconded that:
MOTION: The Board of Trustees approve Consent Agenda Item 8570, Minutes of the March 2, 2009, Regular Meeting of the Austin Community College District Board of Trustees.
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 Jeffrey Richard.
AGAINST: None.
ABSENT: None.
ABSTAIN: Trustee Veronica Rivera abstained from the vote since she was absent from the March 2, 2009, Regular Board meeting.
DISCUSSION/POSSIBLE ACTION
Agenda Item 8571
Selection of Delivery Method and
Delegation of Authority to Enter into
Contracts for Miscellaneous Campus
Improvement Construction Project
· Renovations of Testing
Centers
District-wide to Support
Computerized Testing -
Interlocal Contract Method
Chair McRaven introduced the item and Mr. Ben Ferrell provided information.
Trustees James McGuffee moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees select the Interlocal Contract Method and delegate authority to the President to enter into a contract for Renovations to Testing Centers District-wide to Support Computerized Testing.
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, Jeffrey Richard, and Veronica Rivera.
AGAINST: None.
Agenda Item 8572
Resolution to Amend and Approve Teachers
Insurance Annuity Association (TIAA) – College
Retirement Equities Fund (CREF) Optional
Retirement Program (ORP) and Tax Sheltered
Annuity (TSA) Contract Agreement
Chair McRaven introduced the item and Ms. Gerry Tucker, ACC Vice President, provided information.
Trustees Allen Kaplan moved and Barbara Mink seconded that:
MOTION: The Board of Trustees approve the Resolution to amend and approve TIAA-CREF Optional Retirement Program (ORP) and Tax-Sheltered Annuity (TSA) contract agreement to include the seven (7) carriers listed on page 34 of the agenda to allow employees working and contributing to either the Optional Retirement Program (ORP) and/or Tax-Sheltered Annuity (TSA) to redirect their prior contributions to the new, approved carriers; thus, giving employees greater flexibility and control over their funds.
VOTE: The motion passed on a vote of 9-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee, Nan McRaven, Barbara Mink, Jeffrey Richard, and Veronica Rivera.
AGAINST: None.
Agenda Item 8573
Discussion of Campus Advisory Committees
Chair McRaven introduced the item and Dr. Kinslow provided Campus Advisory Committees Membership Lists and called attention to the revised format to add a column entitled “Candidate Pool”. Trustees will provide information in the added column.
Trustees Tim Mahoney moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees approve revisions to the Campus Advisory Committees Membership Lists as presented.
VOTE: The motion passed on a vote of 9-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee, Nan McRaven, Barbara Mink, Jeffrey Richard, and Veronica Rivera.
AGAINST: None.
Agenda Item 8574
Approval of Board Policy F-10,
Employee Compensation
Chair McRaven introduced the item and Ms. Gerry Tucker provided information on the history of the proposed revisions and methodologies. She introduced Ms. Vickie West, Compensation Manager, and Shari Rodriguez, Compensation Analyst. Ms. Tucker responded to questions from Trustees. Trustees requested additional information on the Texas Community College Teachers Association (TCCTA) survey for 2008-2009 for faculty salaries and additional information from the Adjunct Faculty Association.
Trustees James W. McGuffee moved and Allen H. Kaplan seconded that:
MOTION: That the Board of Trustees table discussion and action on Board Policy F-10 until the Board receives a policy recommendation regarding adjunct faculty salaries within Policy F-10.
Trustees discussed the Motion and the timeline and implications.
Barbara Mink requested a Friendly Amendment to the Motion:
FRIENDLY AMENDMENT: With a deadline for receipt of the a policy recommendation regarding adjunct faculty salaries within Policy F-10 by September 1, 2009.
Trustees James McGuffee and Allen Kaplan accepted the Friendly Amendment.
Trustee Cortez asked that ACC approach TCCTA about an outside consultant to validate the data. If not resolved by September 1, he would expect to endorse the current changes as provided in the Agenda Item 8574.
VOTE: The Motion passed on a vote of 9-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen Kaplan, Tim Mahoney, James W. McGuffee, Nan McRaven, Barbara Mink, Jeffrey Richard, and Veronica Rivera.
AGAINST: None.
Recess
The Board of Trustees of the Austin Community College District recessed at 8:20 p.m. for a convenience break.
Reconvene
The Board of Trustees of the Austin Community College District reconvened in public session at 8:30 p.m. pursuant to Texas Government Code 551.
Agenda Item 8575
Policy Compliance Report: E-5, Review of
Instructional Programs, and Declaration of
Program Priorities for Fiscal Year 2010/Resolution
Chair McRaven stated this item would be moved to the April 20, 2009, Board Work Session.
Agenda Item 8576
FY10 Budget Study:
· Projected Revenues
· Projected Expenses Overview
· Projected Tuition and
Fees (Policy
Compliance Report: G-5,
Implementation of Fees)
· Projected Auxiliary Enterprises
Chair McRaven introduced the item and Mr. Ben Ferrell provided information. The FY2010 Budget process includes an overview of revenues and expenses in accordance with Board Policies and FY2010 Budget Planning Assumptions and Directives. He called attention to the ACC FY2010 “Value of One” Reference Guide; the Master Plan and Budget Review Calendar which notes a proposed adoption of the FY2010 Budget on July 6, 2009; and FY2010-2017 Projected Revenues and Expenses Scenarios. He noted that the College intends to leave In-District tuition unchanged, and increase the out-of-district tuition rate per Board Policy G-9, Tuition Rates.
Mr. Ferrell noted that Board Policy G-12, Auxiliary Enterprises, requires a report on Auxiliary Enterprises be provided as part of the budget process. He called attention to FY2010 Revenue and Expense Projections which provides the details of the Auxiliary activities. Board Policy G-5, Implementation of Fees, requires fees to be approved annually by the Board. The FY2010 Auxiliary Budget provides details of the recommended changes to Student Fees. Mr. Ferrell responded to questions from Trustees.
Agenda Item 8577
Discussion of FY10 Out-of-District
Tuition Rate
Chair McRaven introduced the item and Mr. Ben Ferrell presented information.
Trustee McGuffee requested that this item be placed on the Consent Agenda for the Regular Board Meeting in May.
Agenda Item 8578
Approval to
Vicinity of ACC Pinnacle Campus
Chair McRaven introduced the item.
Executive Session
The Board of Trustees of the Austin Community College District recessed into Executive Session on Monday, April 13, 2009, at 9:00 p.m. to consult with Legal Counsel regarding the purchase, exchange, lease or value of real property, including an update on real estate acquisition; land in the vicinity of San Marcos, Texas; land in the vicinity of Kyle/Buda, Texas; land in the vicinity of Bastrop County, Texas; land in the vicinity of Central/East Austin; and land in the vicinity of the ACC Pinnacle Campus pursuant to Government Code 551.072.
Reconvene
The Board of Trustees reconvened in public session pursuant to Texas Government Code, Chapter 551, at 10:04 p.m. on Monday, April 13, 2009.
Agenda Item 8578
Approval to
Vicinity of ACC Pinnacle Campus
Chair McRaven introduced the item.
Trustees Allen Kaplan moved and Jeffrey Richard seconded that:
MOTION: The Board of Trustees approve the purchase of two tracts of land adjacent to the Pinnacle Campus from S-J at the Y Joint Venture, a Texas joint venture, and Oak Hill at the Y Joint Venture, a Texas joint venture, on the terms set out on the current contract and that the Board authorize the President or his designee to execute all documents and take all actions necessary or advisable to purchase the property on such terms and on such additional terms as the President deems advisable.
VOTE: The motion passed on a vote of 8-1.
FOR: Raul Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: Veronica Rivera.
Adjournment
Having no motion before the Board, the April 13, 2009, meeting of the Austin Community College District Board of Trustees was adjourned at 10:05 p.m.
Approved By
James W. McGuffee, Board Secretary