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 Tuesday, September 8, 2009, at 6:30 p.m. in the Board Room
(201) of the Highland Business Center of Austin Community College located at
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.
A reception was held prior
to the Board meeting to extend best wishes to out-going Trustee Veronica Rivera,
Place 6, as she departs for Washington, D. C. where she has assumed duties as an
attorney with the Mexican-American Legal Defense Education Fund.
Recognitions and Achievements
·
Instructional
Dean-Area Profile – Mr. Mike Midgley, Vice President for Workforce Education
and Business Development, introduced Ms. Linda Smarzik, ACC Dean of Computer
Studies and Advanced Technology. Ms.
Smarzik provided information regarding the programs in the area of Computer
Studies and Advanced Technology. She
introduced Ms. Mary Kohls, Chair of Computer Studies and Computer Information;
Mr. Doug Smith, Chair of Architectural Engineering and Computer Aided Design;
Ms. Priscilla Wicker, Chair of Visual Communications; Mr. Garry Gaber,
Assistant Chair of Visual Communications; and Dr. Hector Aguilar, Chair of
Electronics and Advanced Technology.
Citizen’s Communication
·
Ms.
Cecelia Crossley, citizen, read a letter from State Representative Eddie
Rodriguez recommending Ms. Guadalupe Sosa for Place 6 on the ACC Board of
Trustees.
·
Mr. John
Hernandez, former ACC Board Chair, spoke regarding the ACC Golf Tournament
proceeds for the Student Emergency Fund and the students who have benefited
from the Fund. Chair McRaven expressed
appreciation to Mr. Hernandez for his work in raising funds for the Student
Emergency Fund. Trustee Barbara P. Mink
presented a small gift to Mr. Hernandez for his work.
·
Ms.
Guadalupe Sosa extended best wishes to Veronica Rivera and Ms. Sosa expressed
interest in being appointed to Place 6 on the ACC Board of Trustees.
·
Mr. William
(Peck) Young, ACC Director, distributed materials and invited Trustees to
attend the upcoming 3rd Annual Diez y Seis de Septiembre event at the
Riverside Campus on September 16, and to participate in the Constitution Debate
at the LBJ Auditorium on September 23, 2009, beginning at 6 p.m.
·
Ms.
Shari Rodriguez, ACC TACHE, introduced Association Officers and invited
attendance at the September 25 Reception for Scholarship winners and an October
Golf Scramble.
·
Mr.
Nick Classen,
Reports from Associations
·
Adjunct
Faculty Association – Ms. Anaka Rivera, Secretary, spoke regarding the
Association’s goals for the current year.
·
Classified
Employees Association – Ms. Nicole Bell, President, stated that the
Association’s focus this year would be to fully participate in ACC shared
governance, and through this continually foster open, honest lines of
communication among themselves, co-workers, and administration.
·
Full-Time
Faculty Senate – Ms. Devorah Feldman, introduced herself as the FY10 President
of the Full-Time Faculty Senate. She
spoke of her tenure at ACC and goals for FY10; she introduced Jon Luckstead,
President-Elect, and extended best wishes to Trustee Veronica Rivera.
·
Association
of Professional-Technical Employees – Ms. Rebecca Robinson-Francis, President,
introduced Mr. Edward Terry, Communications Officer, and pledged support during
FY10.
·
Student
Government Association – Mr. Joshua Bacak, President, expressed appreciation to
Trustee Veronica Rivera for her service and dedication to the students of ACC
and her service as a Trustee. He spoke regarding
the Sustainability Fee and the differentiated cost. Mr. Bacak provided information regarding
Association activities.
Chair McRaven re-ordered the agenda due to
the lateness of the meeting.
Consent Item(s)
Chair McRaven introduced the Consent
Agenda.
Agenda Item 8615
Minutes of August 3, Regular Meeting
of the Austin Community College District
Board of Trustees
Recommendation: That the Board of Trustees approve the
Minutes as presented.
Trustees
Barbara Mink moved and Allen H. Kaplan seconded that:
MOTION: The Board of Trustees approve Consent Agenda
Item 8615, Minutes of the
VOTE: The motion passed on a vote of 7-0.
FOR: Trustees Raul Alvarez, John-Michael Cortez,
Allen H. Kaplan, James McGuffee, Nan McRaven, Barbara P. Mink, Jeffrey Richard.
AGAINST: None.
ABSENT: Trustee Tim Mahoney.
ABSTAIN: Trustee Veronica was absent from the
DISCUSSION/POSSIBLE ACTION
Agenda Item 8616
ACC Board of Trustees, Place 6 Position
Chair McRaven introduced the item and
called attention to the information provided in the agenda.
Trustees
Veronica Rivera moved and James McGuffee seconded that:
MOTION: The Board of Trustees appoint someone to fill
Position 6 on the Board of Trustees that Trustee Rivera would be leaving.
VOTE: The motion failed on a vote of 1-6.
FOR: Veronica Rivera.
AGAINST: Raul Alvarez, John-Michael Cortez, Allen H.
Kaplan,
ABSENT: Tim Mahoney.
ABSTAIN: James W. McGuffee.
Trustees discussed the options available
regarding Position 6 on the Board of Trustees.
If a special election were to be held, it would be costly and an
election could not be called until May 2010 which is the next actual election
date; and an appointment process would take several months to be completed.
Trustees
Barbara P. Mink moved and Allen H. Kaplan seconded that:
MOTION: The Board of Trustees leave Position 6 vacant
until the May 2010 Elections are held.
VOTE: The motion passed on a vote of 8-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen H.
Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Jeffrey Richard,
Veronica Rivera.
AGAINST: None.
ABSENT: Tim Mahoney.
Agenda Item 8617
Election of ACC Board Vice Chair
Chair McRaven introduced the item.
Trustees
James W. McGuffee moved and Jeffrey Richard seconded that:
MOTION: The Board of Trustees fill the vacant Board
Vice Chair with Trustee Allen H. Kaplan by acclamation.
VOTE: The motion passed by acclamation.
ABSENT: Tim Mahoney.
Agenda Item 8618
Proposed Adoption of 2009 Tax Rate for the Austin Community
College District.
Chair McRaven introduced the item and Mr.
Ben Ferrell provided information regarding the 2009 tax rate at $0.0946 (0.0900
for Maintenance and Operations and $0.0046 for Debt Service), per $100 assessed
value subject to the homestead and elderly disabled tax exemptions and approved
historical landmark properties. He
stated that this item could be acted upon, or deferred to the October 5 consent
agenda. He said the 2009 Tax Rate of
$0.0946 is a decrease of 0.8% from last year’s adopted tax rate of
$0.0954. The elderly/disabled tax
exemption is $105,000, which is an increase of $10,000 over the 2008 tax
exemption.
The adopted FY2010 balanced budget
requires a $0.0900 Maintenance & Operations tax rate per $100 assessed
value. The FY2010 tax debt service
payment requires a $0.0046 Debt Service tax rate per $100 assessed value.
The adopted FY2010 Budget includes
$95,942,083 of property tax operating revenue and $5,065,421 of property tax
debt service.
Trustees
Veronica Rivera moved and Jeffrey Richard seconded that:
MOTION: The Board of Trustees of the Austin Community
College District adopt the Order Setting the 2009 Tax Rate at $0.0946
The
motion passed on a vote of 8-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen
Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Jeffrey Richard, and
Veronica Rivera.
AGAINST: None.
ABSENT: Tim Mahoney.
***********
STATE OF
S
S
S
DISTRICT S
Article 1: The Board of Trustees of the Austin Community College District hereby levies an ad valorem tax for the purpose of maintenance and operation of said District and the rate is set at 9 and 00/100 cents ($.0900) on each hundred dollars ($100) assessed valuation for the tax year 2009.
Article 2: The Board of Trustees of the Austin Community College District hereby levies an ad valorem tax for the purpose of debt service of said District and the rate is set at 0 and 46/100 cents ($0.0046) on each hundred dollars ($100) assessed valuation for the tax year 2009.
PASSED AND APPROVED at a regular meeting of the Board of Trustees of the Austin Community College District, at which a quorum was found to be present, said meeting held pursuant to notice and called in accordance with the rules of operation of the Board of Trustees and the Texas Education Code, said notice having been duly posted as required by the provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code.
SIGNED this _______ day of September, 2009.
Board of Trustees
Austin Community College District
ATTEST:
Dr. Barbara Mink, Secretary
Board of Trustees
Austin Community College District
***********
Trustees
Barbara P. Mink moved and Veronica Rivera seconded that:
MOTION: The Board of Trustees adopt the Order
Approving Tax for Residential Homesteads Including Additional Exemptions for
Elderly and Disabled.
The
motion passed on a vote of 8-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen
Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Jeffrey Richard, and
Veronica Rivera.
AGAINST: None.
ABSENT: Tim Mahoney.
*********
STATE OF
S
S INCLUDING ADDITIONAL
S EXEMPTIONS FOR ELDERLY
DISTRICT S AND DISABLED
Article 1: Pursuant to Article VIII, Section 1-b of the Texas Constitution and Section 11.13 of the Texas Property Tax Code, as amended, an individual is entitled to exemption from ad valorem taxation by the Austin Community College District of one percent (1%) of the appraised value of the homestead for tax year 2009. If this percentage produces an exemption of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. A surviving spouse is entitled to the exemption for the residence homestead if (a) the deceased spouse died in a year in which the deceased spouse received the exemption; (b) the surviving spouse was 55 or older when the deceased spouse died; and (c) the property was and remains the residence homestead of the surviving spouse.
Article 2: Pursuant to Article VIII, Section 1-b of the Texas Constitution and Section 11.13 of the Texas Property Tax Code, if an individual who qualifies for an exemption under Article 1 is disabled or is sixty-five (65) years of age or older, he/she is entitled to exemption from ad valorem taxation by the Austin Community College District of an additional $105,000 of the appraised value of the residence homestead of the individual for tax year 2009.
“Disabled” means under a disability for purposes of payment of disability insurance under Federal Old-Age, Survivors, and Disability Insurance or its successor.
An eligible disabled person who is sixty-five (65) years of age or older may not receive both the disabled and elderly exemption, but may choose either. If two or more individuals who are eligible for an exemption under this Article own the same residence homestead, the exemptions for each may not be combined and only one (1) owner may receive the exemption. Eligibility for this exemption is determined by an individual’s and his or her residence’s qualifications on January 1, 2009. An individual or a residence does not qualify under this Article on January 2, 2009 and may not receive exemption for tax year 2009.
Article 3: Applications for exemption shall be made pursuant to Section 11.43 of the Texas Property Tax Code, and for Travis County residents pursuant to the rules and regulations of the Travis Central Appraisal District and the Travis County Tax Assessor-Collector, and for Williamson County residents pursuant to the rules and regulations of the Williamson County Appraisal District and the Williamson County Tax Assessor-Collector.
Article 4: Exemptions recognized and established herein shall be effective until altered or appealed by the Board of Trustees of the Austin Community College District.
PASSED AND
APPROVED at a regular meeting of the Board of Trustees of the Austin Community
College District, at which a quorum was found to be present, said meeting held
pursuant to notice and called in accordance with the rules of operation of the
Board of the Trustees and the Texas Education Code, said notice having been
duly posted as required by the provisions of the Texas Open Meetings Act,
Chapter 551, Texas Government Code.
SIGNED this _____ day of September, 2009.
Board of Trustees
Austin Community College District
ATTEST:
Dr. Barbara Mink, Secretary
Board of Trustees
Austin Community College District
Trustees
Barbara Mink moved and John-Michael Cortez seconded that:
MOTION: The Board of Trustees adopt the Order
Approving Taxes for Certain Landmark Properties.
Trustees
spoke to the Motion.
VOTE: The motion passed on a vote of 6-2.
FOR: Raul Alvarez, John-Michael Cortez,
AGAINST: Allen H. Kaplan.
ABSTAIN: James W. McGuffee.
ABSENT: Tim Mahoney.
**********
STATE OF
S
COUNTY OF TRAVIS S TAXES FOR CERTAIN
S
S
DISTRICT S
Article
1: Certain historical landmark
properties located within the Austin Community College District have been recommended
by the Historical Landmark Commission of the City of
Article 2: The parcels listed are hereby granted partial tax exemptions based upon the historical landmark status of the parcels with the percentage of the exemptions for both the structures and land of each parcel being listed. Said historical tax exemptions shall be effective only for the tax year 2009.
PASSED AND APPROVED at a regular meeting of the Board of Trustees of the Austin Community College District, at which a quorum was found to be present, said meeting held pursuant to notice and called in accordance with the rules of operation of the Board of Trustees and the Texas Education Code, said notice having been duly posted as required by the provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code.
SIGNED this ____ day of September, 2009.
Board of Trustees
Austin Community College District
ATTEST:
Dr. Barbara Mink, Secretary
Board of Trustees
Austin Community College District
**********
[Trustee Jeffrey Richard left the meeting
at 7:50 p.m.]
Agenda Item 8619
Contract for Copy and Print Shop Paper
Chair McRaven introduced the item and Mr.
Ben Ferrell stated the existing contract for copier and printer paper with
Western Paper Company, Inc., recently expired.
The College solicited bids for copier and printer paper to replace the
existing contract with new specifications regarding sustainability in
accordance with Board Policy C-9, Sustainable Practices. Western Paper Company was again the low
bidder, and staff recommended that the Board approve the new contract. The base bid of $158,259.60 was included in
the FY2010 budget.
Trustees
John-Michael Cortez moved and Barbara P. Mink seconded that:
MOTION: The Board of Trustees approve a new contract
with Western Paper Company, Inc., an Historically Underutilized Business (HUB),
for copier and print shop paper.
VOTE: The motion passed on a vote of 6-0.
FOR: Raul Alvarez, John-Michael Cortez, Allen H.
Kaplan, James W. McGuffee,
AGAINST. None.
ABSENT: Tim Mahoney, Jeffrey Richard, and Veronica
Rivera.
Agenda Item 8620
Selection and Delivery Method and
Delegation of Authority to Enter into
Contracts for Miscellaneous Campus
Improvement Construction Projects
·
Northridge Building 2000
Ventilation
And Science Laboratory Improvements
Chair McRaven introduced the item and Mr.
Ben Ferrell recommended that the Board of Trustees, separately for each
project, select the delivery method and delegate authority to the President to
enter into contracts for the following projects:
·
Northridge
Building 2000 Ventilation and Science Laboratory Improvements. Staff recommended the selection of the
Interlocal Contract delivery method, and delegation of authority to the
President to enter into one or more contracts.
Trustees discussed the recommendation and
selection process. Additional
information was requested. This item will be included on the October 5
Board agenda.
Agenda Item 8621
Interlocal Cooperative Agreement
Between
District and Capital Metro for Urban
Campus Planning and Transit Development
Chair McRaven introduced the item and Mr.
Ben Ferrell stated this was in conjunction with Board Policy C-9, Sustainable
Practices, which has a large transportation component. Trustees discussed the item and requested
that this item, Agenda Item 8622, Discussion of the New
Sustainability/Transportation Initiative; and Agenda Item 8623, Proposed
Agreement Between Austin Community College District and Capital Metro for
Transit Passes, be placed on the Consent Agenda for the October 5 Board
meeting.
Reports to the Board
Trustees requested that the Facilities
Update; Financial Report for July 2009; and Report on August ACC Foundation
Board Meeting be delayed.
President’s Report
·
Dr. Kinslow
reported that the Fall enrollment at ACC was 40,453 credit students as of
September 8, 2009, which is a 13% increase over last Fall. He stated that the College was seeing large
increases in all students, especially Hispanic and African-American students.
·
Dr.
Kinslow stated that he and staff have visited with Mr. Classen and will respond
to him, again, in writing.
Executive Session
There was no
Executive Session.
Announcements
Chair McRaven
expressed appreciation to Trustee Veronica Rivera for her service as a Trustee to
the Austin Community College District and invited her comments. Trustee Rivera commented that she has enjoyed
working with ACC. She stated that ACC
has incredible staff, an incredible administration, and an incredible
Board. Trustee Rivera received applause
from those in attendance.
Adjournment
Having no motion before the Board, the
Approved By
Dr. Barbara
P. Mink, Board Secretary