MINUTES
Regular
Meeting – Board of Trustees
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, August 3, 2009, 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, Board Chair/Presiding
Officer; Dr. Barbara P. Mink, Board Secretary; Mr. Raul Alvarez; Mr.
John-Michael Cortez [arrived at 6:10] p.m.; Mr. Allen H. Kaplan; Mr. Tim
Mahoney; Dr. James W. McGuffee; and Mr. Jeffrey Richard. Ms. Veronica Rivera, Board Vice Chair, 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 and Achievements
There were no recognitions/achievements
presented.
Citizen’s Communication
·
Mr. Tom Scott,
former Mayor of the City of Bastrop, introduced the Bastrop County “Friends of
Higher Education” Co-Chairs, Ms. Lori Tuggle, and Ms. Kay Wesson, stated the
need for higher education in Bastrop County including the Elgin, Bastrop, and
McDade Independent School Districts, and advised that they are seeking annexation
into the Austin Community College District.
He introduced Bastrop County Judge Ronnie McDonald; Bastrop Mayor Terry
Orr; Mr. John Eaton, President of the Board of Trustees of Bastrop ISD; Ms.
Susan Wendel, President of the Bastrop Chamber of Commerce; Mr. Joe Newman,
President of the Bastrop Economic Development Corporation; Ms. Joleen Wells,
President of the Bastrop Education Foundation; Mr. Roderick Emanuel, Interim
Superintendent of Bastrop ISD; Ms. Pat Jacobs, leader of the Bastrop County comprehensive
planning efforts; Ms. Lynn Surrell, leader of the Bastrop Workforce Meets
Academia Organization; Ms. Deborah Francis, former Trustee of Bastrop ISD; Mr.
Donald Williams, Executive Director of Bastrop ISD Community Services; Ms.
Deborah Rogers and Mr. Steve Dewire, leaders of two of the Bastrop area Rotary
Clubs. He stated that he had previously
delivered to ACC staff Resolutions of Support adopted by the City Council of
Bastrop, by the Bastrop ISD School Board, by the Chamber of Commerce Board, by the Economic Development Corporation Board, and
by the Board of the Bastrop Education Foundation.
·
Mr. David Glass,
Elgin citizen and Co-Chair of the Friends of Higher Education, introduced Mr. Bill Satterfield of M.D.
Anderson in Bastrop/Elgin resident, member of the Elgin Education Foundation;
Mr. Bill McCrary, of the Elgin Education Foundation and Elgin Chamber of
Commerce; Ms, Beth Walterscheidt, Elgin Education Foundation and Elgin Chamber
of Commerce, Mr. Dennis Sheanan, Economic Director of the City of Elgin; Mr.
Bob Haisler, Elgin High School teacher; Ms. Kay Wing, Elgin career counselor;
Ms. Pat Frenzel, Elgin City Council; Mr. Anthony Ramirez, Elgin City Council; Keith
Joesel, Elgin City Council; Ms. Dorothy Doolittle, Executive Director of the
Elgin Caregivers and a civic leader in Elgin; and Jeanette Shelby, realtor and
a civic leader in Elgin. Mr. Glass stated
·
Mr. Bill Kelly,
Superintendent of the McDade ISD, introduced Mr. Wayland Cooksey, Principal of
McDade. Mr. Kelly stated the benefits for
McDade ISD to have an ACC Campus located in
Mr. Scott stated they would go forward with a
grass-roots effort to get this on the ballot for a November 2010 election. They have filed the paperwork to form a Political
Action Committee and have begun raising money for the fund. He welcomed assistance and stated that
gaining admission to the ACC District would mean a great deal to future of
Chair McRaven expressed appreciation on
behalf of the ACC Board of Trustees to Mr. Scott, Mr. Glass, and Mr. Kelly for
bringing this before the Board. She
stated that they have her pledge to do what the ACC can to make sure that the
partnership is expanded and that they have a successful election in 2010. ACC looks forward to them joining the
District. In the ACC Master Plan, which
was just readopted in July, the acquisition of property in the Bastrop/Elgin
area was identified as a high priority for ACC and that it was hoped that it
would be a good signal in
Dr. Stephen B. Kinslow, College President,
added his appreciation to the
Reports from Associations
·
Adjunct
Faculty Association – Mr. Richard Cutler, Secretary, spoke regarding
compensation.
·
Classified
Employees Association – Ms. Suzanne Ortiz, President, expressed appreciation to
the Board of Trustees and the administration for assistance provided during her
term as Association President. She introduced
Ms. Nicole Bell, President of the Association in FY2010.
·
Full-Time
Faculty Senate – Dr. Dan Dydek, President, spoke regarding the College and
Association activities during the past year.
·
Association
of Professional-Technical Employees – Dr. Susan Thomason, President, spoke and
distributed information regarding the Association’s Year in Review. She introduced Rebecca Francis, FY 2010
Association President.
·
Student
Government Association – Mr. Joshua Bacak, President, spoke regarding
Association activities and expressed appreciation to the Board of Trustees and
administration for their assistance.
President’s Report
Dr. Stephen B. Kinslow, College President,
expressed appreciation to the Associations for their discussions during the
year. He provided information regarding
the ACC Golf Scramble to be held on Friday, August 7.
Reports to the Board
·
Facilities
Report – Mr. Bill
Mullane, Executive Director of Facilities and Construction, provided an update
regarding current construction and renovation projects, GO Tax Bond Projects,
PFC Bond Projects, Facilities Master Plan Projects, and Other Projects.
·
Financial
Report – June 2009 – Mr.
Ben Ferrell, Executive Vice President of Finance and Construction and
Administration, called attention to the following information and responded to
question:
o
Based
on current information, the College’s budget is on track and projecting a
positive $5.4 million in Net Revenues & Expenses, and a $11.0 million
increase in Net Assets.
o
Summer
enrollments are up 15.8%. Spring
enrollments were up 12.5%. Fall SCH
enrollments were p 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 are projected to slightly exceed
original estimates due to the increased enrollments and vacancies in Full-Time
Faculty Salaries. This will be offset by
increased tuition revenues and lapsed salaries in F-T Faculty. Total salaries are projected to be under
budget by about $1.7 million.
In summary, adjusting revenues up by $5.3
million and expenses down by $0.1 million, Net Revenues over Expenses project a
budget surplus of about $5.4 million and an increase in Net Assets of about
$11.0 million. Cash and Investments are
in line at approximately $187 million, including $109 million in bond proceeds.
·
Trustee
Reports on Community Engagements:
o
Trustee
James McGuffee reported on a July 13, 2009, meeting of the Austin Chamber of
Commerce that he attended in which Senator Kirk Watson discussed issues affecting
o
Trustee
Jeffrey Richard congratulated ACC for the recent article published in the July
20 issue of Time Magazine
entitled: “Can Community Colleges Save
the
CONSENT ITEM(S)
Chair McRaven introduced the Consent
Agenda:
Agenda Item 8604
Minutes of the
Recommendation: That the Board of Trustees approve the
Minutes as presented:
Trustees
James W. McGuffee moved and Allen Kaplan seconded that:
MOTION: The Board of Trustees approved Consent Agenda
Item 8604, Minutes of the
VOTE: The motion passed on a vote of 8-0.
FOR: Trustees Raul Alvarez, John-Michael
Cortez, Allen H. Kaplan, Tim Mahoney, James McGuffee, Nan McRaven, and Barbara
P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee Veronica Rivera.
DISCUSSION/POSSIBLE ACTION
Agenda Item 8605
Proposed 2009 Property Tax Rate; 2009 Property Rate Planning
Calendar; and Schedule Two Public Hearings for Proposed 2009 Property Tax Rate
Chair McRaven introduced the item and Mr.
Ben Ferrell stated the certification of tax appraisals had been recalled by the
Travis County Central Appraisal District. Dr. Kinslow called attention to revised
information for the tax calendar. This
item was pulled from consideration and no action was taken by the Board of
Trustees. This item will be included on
a future agenda.
Agenda Item 8606
Resolution to Approve the Restatement of
the
Chair McRaven
introduced the item and Ms. Gerry Tucker provided information.
Trustees Tim Mahoney moved and Barbara Mink seconded that:
MOTION: The Board of
Trustees approve the Restatement of the
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen Kaplan, Tim Mahoney, James McGuffee, Nan
McRaven, and Barbara Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee
Veronica Rivera.
Agenda Item 8607
Amendment and Restatement of Existing
Bookstore Services Agreement to Accommodate the Round Rock Campus and New
Construction at
Chair McRaven
introduced the item and Mr. Ben Ferrell, Executive Vice President, Finance and
Administration, recommended that the Board of Trustees approve an amendment and
restatement of the existing contract with Barnes and Noble College Booksellers,
Inc., for bookstore services. He stated
the, in approving the project, the Board discussed the many benefits of
providing retail space in the new Rio Grande parking garage to preserve a
pedestrian friendly atmosphere in the neighborhood. This was accomplished in the design and
construction of the garage. As part of
those discussions, the Board was made aware of certain Internal Revenue Service
(IRS) regulations regarding private retail space in facilities constructed
using tax exempt debt. As a result, ACC
worked with staff in restructuring the existing contract with Barnes and Noble
for the management of ACC bookstores to ensure that it complies with IRS
regulations.
Board Secretary Barbara P. Mink moved and Trustee James W.
McGuffee seconded that:
MOTION: The Board of
Trustees approve the amendment and restatement of the existing contract with
Barnes and Noble College Booksellers, Inc., for bookstore services.
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen Kaplan, Tim Mahoney, James McGuffee, Nan
McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee Veronica
Rivera.
AGENDA ITEM 8608
Selection of Delivery Method and
Delegation of Authority
to Enter into Contracts for Miscellaneous
Campus
Improvement Construction Projects:
·
Northridge
Building 2000 Exterior Improvements
·
·
Screen
Wall Modifications at Cypress Creek Campus.
Chair McRaven
introduced the item, and Mr. Ben Ferrell provided information.
Trustees Allen H. Kaplan moved and James W. McGuffee
seconded that:
MOTION: The Board of
Trustees select the Interlocal Contract delivery method for Northridge Building
2000 Exterior Improvements, and delegate authority to the President to enter
into a contract.
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee,
Nan McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: TrusteeVeronica
Rivera.
Trustees Allen H. Kaplan moved and James W. McGuffee
seconded that:
MOTION: The Board of
Trustees select the Interlocal Contract delivery method for
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee,
Nan McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee
Veronica Rivera.
Trustees Allen H. Kaplan moved and John-Michael Cortez
seconded that:
MOTION: The Board of
Trustees select the Interlocal Contract delivery method for Screen Wall
Modifications at Cypress Creek Campus.
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee,
Nan McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee
Veronica Rivera.
AGENDA ITEM 8609
Resolution to Approve the Subdivision of
24-Acre Tract,
Granting of Easements, and Conveyance of
City of
Chair McRaven
introduced the item. Mr. Ben Ferrell
provided information and stated that
construction of the new Round Rock Campus required ACC Board approval of a
final subdivision plat for the additional 24-acre tract purchased in January of
2009, approval of certain easements to the ACC District Public Facility
Corporation and the City of Round Rock for water line construction, and the
conveyance of a small portion of land (.056 acres) to the City of Round Rock
for park land purposes. Upon approval,
these items would be submitted by staff to the City of
Trustees Allen H. Kaplan and Barbara P. Mink seconded that:
MOTION: The Board of
Trustees approve by Resolution:
·
The subdivision
of the Property by the District in substantially the form shown in the Proposed
Final Plat showing items 1-3 below:
o The grant of a Private Access Easement to the ACC Public
Facility Corporation;
o The grant of a City Waterline Easement to the City of
o The conveyance of the Park Tract to the City of
·
Delegation of
authority to the President of the ACC District to execute documents related to
the above.
AGENDA ITEM 8610
Board of Trustees Calendar/Work Plan
2009-2010 (FY2010)
Chair McRaven
introduced the item and Dr. Stephen B. Kinslow, called attention
to the draft Summary of the Trustees Calendar/Work Plan 2009-10 (FY 2010); draft
of the Board of Trustees Calendar/Work Plan 2009-10 (FY10); the proposed Austin
Community College District Board of Trustees Meetings – Fiscal Year 2010; and
the draft of the ACC Board Policy Compliance Reports 2009-2010 (FY10).
Trustees
discussed the information and suggested changes to the draft Board of Trustees
Calendar/Work Plan 2009-10 (FY10).
Trustees Tim Mahoney moved and Jeffrey Richard seconded
that:
MOTION: The Board of
Trustees approve the Board of Trustees Calendar/Work Plan 2009-10 (FY10) with
the changes suggested.
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee,
Nan McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee
Veronica Rivera.
AGENDA ITEM 8611
ACC Board of Trustees Self-Evaluation
Chair McRaven
introduced the item and called attention to the evaluation instrument. She asked each Trustee to rate the Board’s
performance during the past year. She
said this is done to identify areas of strengths as well as to identify goals
for improving effectiveness.
Following are
the Trustee ratings:
ACCT
Governance
Leadership Institute
Assessing
Your Board’s Health
Please rate your Board’s
performance using the following scale:
5
– Outstanding/Excellence
4
– Good
3
– Adequate (Summary of
Responses from Trustees Alvarez, Cortez, 2 – Marginal Kaplan, Mahoney,
McGuffee, McRaven, Mink, Richard;
1
– Poor Trustee Rivera was
absent from
|
Traits
and Characteristics |
Rating |
|
5 – Outstanding - xx 4 – Good - xxxxx 3 – Adequate - x 2 – Marginal 1 – Poor |
|
5 – Outstanding - x 4 – Good - xxx 3 – Adequate - xxx 2 – Marginal - x 1 – Poor |
|
5 – Outstanding - xxx 4 – Good - xxxx 3 – Adequate - x 2 – Marginal 1 – Poor |
|
5 – Outstanding - xxxxx 4 – Good - xxx 3 – Adequate 2 – Marginal 1 – Poor |
|
5 – Outstanding - x 4 – Good – xxxxxx 3 – Adequate - x 2 – Marginal 1 – Poor |
·
In particular, how
individual Trustees use title & ACC affiliation in public realm (e.g.,
political endorsements claim policy).
Also, Board policies re:
Trustee behavior. |
5 – Outstanding - xx 4 – Good - xx 3 – Adequate - xxx 2 – Marginal - x 1 – Poor |
·
Need to develop our “flat
sides”—we all have strengths, but areas of the college functioning certain members need more
information. |
5 – Outstanding - x 4 – Good - xxx 3 – Adequate - xxx 2 – Marginal - x 1 – Poor |
·
More on Foundation. |
5 – Outstanding - x 4 – Good - xx 3 – Adequate - xx 2 – Marginal - xxx 1 – Poor |
|
5 – Outstanding - xxxx 4 – Good - xx 3 – Adequate - xx 2 – Marginal 1 – Poor |
|
5 – Outstanding 4 – Good - xxxxxxx 3 – Adequate - x 2 – Marginal 1 – Poor |
|
5 – Outstanding - xxx 4 – Good - xxx 3 – Adequate - xx 2 – Marginal 1 – Poor |
|
5 – Outstanding - xxxx 4 – Good - xx 3 – Adequate - xx 2 – Marginal 1 – Poor |
|
TRUSTEE
COMMENTS: ·
Very well run
organization. ·
Board is handled
appropriately and focused on the future & big picture. ·
Need to be strategic
board & have common understanding of behaviors related to policy
governance. ·
Need to be aware of staff
work time that goes into our requests for information. ·
It has been a difficult
time professionally over the past 15-18 months and this has translated into
less time available for College activities.
I do know that others have stepped up their involvement level with the
ACCD. Is it possible that some
Trustees are performing as “Administrator Auditors” or “Shadow Administrators”? |
|
Chair McRaven stated that the
Board’s self-evaluation would be discussed at the August 14-15 Board Retreat.
Agenda Item 8612
Update on Real Estate Exploration
Chair McRaven introduced the item.
Executive Session
The Board of
Trustees of the Austin Community College District recessed into Executive
Session at 7:55 p.m. to consult with legal counsel regarding the purchase,
exchange, lease or value of real property including an update on 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, land in the vicinity of Leander, Teas, and land at the Round Rock
Campus, pursuant to Government Code §551.072.
Reconvene
The Board of
Trustees of the Austin Community College District reconvened in public session
at 9:10 p.m. pursuant to Texas Government Code Section 551.
Agenda Item 8612
Update on Real Estate Exploration
(continued)
Chair McRaven introduced the item.
Trustees
Barbara P. Mink moved and John-Michael Cortez seconded that:
MOTION: The Board of Trustees authorize staff,
through the President, to negotiate the purchase of property described as
Property Tract 2 in the Leander Area in Executive Session.
VOTE: The motion
passed on a vote of 8-0.
FOR: Trustees Raul
Alvarez, John-Michael Cortez, Allen H. Kaplan, Tim Mahoney, James W. McGuffee,
Nan McRaven, Barbara P. Mink, and Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee
Veronica Rivera.
Adjournment
Having no motion before the Board, the
Approved By
Barbara
P. Mink, Board Secretary