Minutes
Alamo Community College District
Regular Meeting of the Board of Trustees
George E. Killen Community Education & Service Center
201 W. Sheridan
CALL TO ORDER AND ROLL CALL
Chairman Dr. Gene Sprague called the meeting to order at 7:06 p.m. and announced that a quorum of trustees was present.
The following trustees were present:
District 1 Luz Maria Prieto, Vice Chair
District 2 Denver McClendon
District 5 Roberto Zarate, Assistant Secretary
District 6 Dr. Gene Sprague, Chairman
District 7 Charles J. Conner
District 8 Gary Beitzel
District 9 James A. Rindfuss, Secretary
The following trustees were not present:
District 3 Vincent A. Lazaro
District 4 Marcelo S. Casillas
CERTIFICATION AND POSTING OF NOTICE
Chairman Dr. Sprague announced that the notice of the Board meeting had been duly posted at the District Office Building, Northwest Vista College, San Antonio College, St. Philip's College and at Southwest Campus, Palo Alto College, and the ACCD George E. Killen Community Education & Service Center fulfilling the requirements of the statutes as set forth.
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The invocation was given by Alex Bernal, Chair of Chairs Council, San Antonio College
There were no memorials to observe.
There were no citizens to be heard.
Dr. J. Terence Kelly provided a brief report on the following:
· Presentation of Methods for Implementation & Measurement of Chancellor’s 2003-2004 Goals
· Isaacson & Miller Additional Funding Update
· First Southwest Company, Financial Advisor, February Presentation
· Tax Freeze Update & Information
· City of Live Oak TRZ Update
· Brackenridge Project Update
· Restroom Retro Fit Presentation
· December 4th Tour
Dr. Kelly also mentioned his meeting with the editorial board of the San Antonio Express News and reviewed information he provided to the Board on a Strategic Plan. He also introduced Mr. John Stryvos as the recently employed Construction Manager for the District.
1. APPROVAL OF MID YEAR SALARY INCREASES
Trustee Denver McClendon, Budget and Finance Committee Chairman requested item #1 be pulled from the agenda. Chairman Dr. Sprague approved the request and the item was pulled.
2. RECOMMENDATION FOR ADOPTION OF POLICY CODE REVISION SECTION B (LOCAL) – LOCAL GOVERNANCE
On motion by Trustee Gary Beitzel, seconded by Trustee Roberto Zarate and by unanimous vote of the Board, the following minute order was adopted:
“Local Policy BDB (Attachment I) BDB Board Meetings: Public Participation – Add to the section ‘Procedures’ the following as the next to last paragraph:
If the Board Chairman determines that a faculty or staff member or student has not attempted to resolve a matter administratively, the individual shall be directed to follow the appropriate policy and procedures for attempted resolution before bringing the matter to the Board.”
3. RECOMMENDATION FOR ADOPTION OF POLICY CODE REVISION SECTION C (LOCAL) – BUSINESS AND SUPPORT SERVICES
Discussion regarding the average amount of change orders ensued and Ms.Linda O’Nave, District Director of Acquisitions and Administrative Services confirmed that the average
change order for the last year was $3000.00 approximately.
On motion by Trustee Beitzel, seconded by Trustee McClendon and by unanimous vote of the Board, the following minute order was adopted:
“Local Policy CM (Attachment II) Facilities Construction: Change Orders – References to $15,000 are changed to $50,000. Additionally, the following two sentences are added as the last paragraph 'This Local Policy amendment in change order authorization from $15,000 to $50,000 will be in effect from date of adoption by the Board of Trustees for a period of one year. After one year, the dollar limit authorization will be reviewed and reconsidered.' Lastly, the reference to Vice Chancellor for Administration is changed to Chancellor or designee.”
4. RECOMMENDATION FOR ADOPTION OF POLICY CODE REVISION SECTION F (LOCAL) - STUDENTS
On motion by Trustee Beitzel, seconded by Trustee Zarate and by unanimous vote of the Board, the following minute order was adopted:
“Local Policy FA (Attachment I) Equal Educational Opportunities – should be presented as a Legal policy as recommended by TASB which includes the addition of the section on ‘Religious Freedom’ and the change in wording from ‘colleges of the District’ to ‘College District’. Additionally, the section specifically designating by title the Title IX Coordinator will be deleted in accordance with TASB Legal policy recommendation.
Local Policy FI Solicitations – No change.
Local Policy FKA (Attachment II) Student Activities: Student Publications – References to Vice Presidents of Student Affairs/Services shall be changed to indicate ‘Vice President of Student Affairs’ and add the phrase ‘or equivalent’ immediately following. The first sentence shall be revised to read ‘The sale or distribution…’
Local Policy FKC (Attachment III) Student Activities: Registered Student Organizations – The first two paragraphs under ‘Recognition’ shall be moved to a Legal policy as recommended by TASB with the appropriate change from ‘colleges of the District’ to ‘College District’. The remaining paragraphs and sections will remain as a Local Policy in accordance with Update #16 from TASB.
Local Policy FKF (Attachment IV) Student Activities: Contests and Competitions – This policy should be presented as a Legal policy as recommended by TASB with the appropriate change from ‘colleges of the District’ or ‘District’ to ‘College District’.
Local Policy FL (Attachment V) Student Rights and Responsibilities – This policy should be presented as a Legal policy as recommended by TASB with the appropriate change from ‘College’ to ‘College District’.
Local Policy FLBE Student Conduct: Alcohol and Drug Use – No change.
Local Policy FLBF Student Conduct: Weapons – No change.
Local Policy FLBG (Attachment VI) Student Conduct: Assaults – This policy should be presented as a Legal policy as recommended by TASB by deleting the words ‘college or
District’ and ‘colleges or the District’ and inserting ‘College District’ in the opening sentence.
Local Policy FLBH Student Conduct: Disruptions – No change.
Local Policy FLC (Attachment VII) Student Rights and Responsibilities: Interrogations and Searches – This policy should be presented as a Legal policy as recommended by TASB with the appropriate change from ‘colleges of the District’ to ‘District’.
Local Policy FLD Student Rights and Responsibilities: Student Complaints – No change.
Local Policy FLDA (Attachment VIII)Student Complaints: Sexual Harassment – New policy.
Local Policy FLDC (Attachment IX) Student Complaints: Harassment – New policy. Also, add the word ‘age’ to the first sentence first paragraph and the first sentence second paragraph.
Local Policy FMA Discipline and Penalties: Discipline Hearings Procedures – No change.
Local Policy FN Student Fees, Fines and Charges – Delete. “
5. APPROVAL OF ACCD BOARD OF TRUSTEE TRAVEL TO THE TEXAS HIGHER EDUCATION COORDINATING BOARD GOVERNING BOARD CONFERENCE IN AUSTIN, TEXAS
Discussion ensued regarding revising present district policy to include this conference to the list of pre-approved conferences and it was agreed that the Policy and Long Range Planning Committee would consider such action in the future.
On motion by Trustee James Rindfuss, seconded by Trustee Beitzel and by unanimous vote of the Board, the following minute order was adopted:
“ The Board hereby authorizes approval of trustee expenses associated with the Texas Higher Education Coordinating Board’s Governing Board Conference for recent Trustee Denver McClendon, Trustee Charles Conner, and Trustee Gary Beitzel and any past trustees in accordance with District policies and procedures. This recent trip provided training to our board members as well as information on “Closing the Gaps”, a major initiative by the state affecting community colleges. Attendance by board members enhances the educational function at the District.”
6. 2004 REGULAR BOARD MEETING CALENDAR
On motion by Trustee Zarate, seconded by Trustee Rindfuss and by unanimous vote of the Board, the following minute order was adopted:
“ The dates listed below for the 2004 Regular Board Meetings are accepted.”
Regular Board Meeting Dates |
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January 20, 2004 |
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February 17, 2004 |
March 16, 2004 |
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April 20, 2004 |
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May 18, 2004 |
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June 15, 2004 |
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* August 17, 2004 |
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September 21, 2004 |
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October 19, 2004 |
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November 16, 2004 |
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December 14, 2004 |
*There will not be a July 2004 Regular Board Meeting.
7. APPOINTMENT OF TRUSTEE TO ROSEDALE TIRZ BOARD OF DIRECTORS
On motion by Trustee McClendon, seconded by Trustee Beitzel and by unanimous vote of the Board, the following minute order was adopted:
“ The Board hereby recommends the appointment of Trustee Roberto Zarate to the Rosedale TIRZ Board of Directors.”
8. PROPOSED TERMINATION OF TENURED FACULTY MEMBER
On advice from legal counsel and citing Section 551.071 and 551.074 of the Texas Government Code this item was pulled for discussion in closed session.
9. APPROVAL OF THE MINUTES OF THE
REGULAR BOARD MEETING ON OCTOBER 21, 2003
On motion by Trustee Beitzel, seconded by Trustee McClendon and by unanimous vote of the Board, the following minute order was adopted:
“The minutes of the Regular Board Meeting of the Board of Trustees of the Alamo Community College District held on October 21, 2003 are hereby approved.”
10. APPROVAL OF THE MINUTES OF THE
REGULAR BOARD MEETING ON NOVEMBER 18, 2003
On motion by Trustee Beitzel, seconded by Trustee Charles Conner and by unanimous vote of the Board, the following minute order was adopted:
“The minutes of the Regular Board Meeting of the Board of Trustees of the Alamo Community College District held on November 18, 2003 are hereby approved.”
11. APPROVAL OF THE CONSENT AGENDA OF THE REGULAR BOARD MEETING ON DECEMBER 16, 2003
On motion by Trustee McClendon, seconded by Trustee Beitzel and by unanimous vote of the Board, the following minute order was adopted:
“The Consent Agenda for the Regular Board Meeting of the Alamo Community College District Board of Trustees held on December 16, 2003 is hereby approved.
Agenda Items Include: *12, *14, *16, *17, *18,
*19, *20, *21, & *22”
*12 ELECTION OF FULL–TIME, ADJUNCT AND CONTINUING
EDUCATION FACUTLY AT THE COLLEGES OF THE ACCD
“Election of full-time, adjunct and continuing education faculty is submitted by the College Presidents and shown on List No. 4 for the 2003-04 year is hereby approved. Further Board action will not be required for these persons to teach in the indicated disciplines. Employment of adjunct and continuing education faculty is contingent upon the instructional needs of the college. ”
* 14 REQUEST FOR ACCEPTANCE OF PRIVATE GIFTS AND NON-GOVERNMENT
GRANTS TO THE ALAMO COMMUNITY COLLEGE DISTRICT
“The Alamo Community College District Board of Trustees hereby accepts the non-governmental gifts and grants made to the Alamo Community College District as shown on the attached report* for the period of NOVEMBER 1, 2003 through NOVEMBER 30, 2003.”
* 16 MONTHLY REPORT ON STATUS OF $25 MILLION REVENUE BOND
This is an informational item on funding, expenditures, commitments, and available balances.
* 17 APPROVAL AND RATIFICATION OF BUDGET TRANSFERS AND AMENDMENTS
* 18 DISCUSSION AND POSSIBLE ACTION ON BIDS FOR
AIR CONDITIONING UPGRADE FOR COMPUTER CLASSROOMS, BOWDEN & SUTTON BUILDINGS, ST. PHILIP’S COLLEGE, FOR THE ACCD FACILITIES DEPARTMENT (BID NO. 04M – 022).
"Based on bids received November 20, 2003, the contract is awarded to Air Stream General Construction, Inc. of San Antonio, Texas, submitting the low
base bid of $120,240.00 for the Air Conditioning Upgrade for Computer Classrooms, Bowden & Sutton Buildings, St. Philip’s College for the ACCD
Facilities Department (Bid No. 04M-022). A 5% contingency ($6,012.00) is also approved. "
* 19. DISCUSSION AND POSSIBLE ACTION ON BIDS FOR
TRIENNIAL CONTRACT FOR FIRE SPRINKLER INSPECTION, TESTING AND MAINTENANCE, FOR THE ACCD FACILITIES DEPARTMENT
(BID NO. 04M - 020)
"Based on bids received November 11, 2003, the contract is awarded to AAA Fire and Safety Equipment Company, Inc. of San Antonio, Texas, submitting a low base bid of $53,250.00 for Triennial Contract for Fire Sprinkler Inspection, Testing and Maintenance for the ACCD Facilities Department with the option of two (2) one year extensions (Bid No.04M-020)."
* 20. DISCUSSION AND POSSIBLE ACTION ON BIDS FOR THE
HVAC RETROFIT AND EMS INSTALLATION, DISTRICT OFFICES, HOUSTON STREET AND SHERIDAN STREET; AND SOUTHWEST CAMPUS OF ST. PHILIP’S COLLEGE, FOR THE ACCD FACILITIES DEPARTMENT
(BID NO. 04M-008).
"Based on bids received November 25, 2003, the contract is awarded to Air Stream General Construction, Inc. of San Antonio, Texas, submitting the low base bid plus alternates no. 2 and no. 3 of $538,582.50 for the HVAC Retrofit and EMS Installation, District Offices, Houston Street and Sheridan Street; and Southwest Campus of St. Philip=s College for the ACCD Facilities Department (Bid No. 04M-008). A 5% contingency ($26,929.00) is also approved. "
* 21 DISCUSSION AND POSSIBLE ACTION ON BIDS FOR DUET COMPUTER
NUMERICALLY CONTROLLED (CNC) MACHINES WITH BENCH PACKAGE, FOR THE REPAIR AND MANUFACTURING TECHNOLOGY DEPARTMENT, SOUTHWEST CAMPUS, ST. PHILIP’S COLLEGE (BID NO. 04A-016).
"Based on bids received November 25, 2003, the contract is awarded to Advanced Technologies Consultants, Inc. of Northville, MI, submitting the low bid of $37,113.00 for the purchase of two Duet Computer Numerically Controlled (CNC) Machines with Bench Package, for the Repair & Manufacturing Technology Department, Southwest Campus, St. Philip’s College (Bid No. 04A-016)."
* 22. MONTHLY REPORT ON COOPERATIVE PURCHASES IN EXCESS
OF $25, 000.00
"The cooperative purchase report for October/November 2003 is hereby accepted."
13. GRANTING OF TITLE OF EMERITUS STATUS
On motion by Trustee McClendon, seconded by Trustee Rindfuss and by unanimous vote
of the Board, the following minute order was adopted:
“In recognition of her long
and distinguished 18-year service to Palo Alto College, the title of Professor
and Chairman Emeritus, Mathematics Department, be conferred upon Margarita
Fresquez, and she is granted all rights and privileges of this title effective
January 1, 2004.”
15. FINANCIAL REPORTS
Discussion among the Trustees and the Chancellor regarding the format of the monthly financial reports occurred and it was decided that the format would be revised to facilitate a better understanding.
There was also discussion among the Trustees regarding a mid-year budget workshop and the Chancellor committed to coordinating such a meeting and providing possible dates at the next Regular Board Meeting.
On motion by Trustee Rindfuss, seconded by Trustee McClendon and by unanimous vote of the Board, the following minute order was adopted:
“These financial reports are hereby accepted as presented.”
CLOSED SESSION
Chairman Dr. Sprague announced that the meeting would adjourn into Close Session under the statues providing for such Closed Session at 7:50p.m.
Chairman Dr. Sprague reconvened the meeting into Open Session on Tuesday December 16,
2003 at 8:45 p.m.
23. ACTION ON ITEMS DISCUSSED IN CLOSED SESSION
On motion by Trustee Rindfuss, seconded by Trustee McClendon and by majority vote of the Board, the following minute order was adopted:
“The ACCD Board of Trustees terminates Deborah Sanborn, tenured faculty member effective December 18, 2003.”
The votes were recorded as follows:
Trustee Luz Maria Prieto Abstained
Trustee Denver McClendon In Favor
Trustee Roberto Zarate In Favor
Trustee Dr. Gene Sprague In Favor
Trustee Charles J. Conner In Favor
Trustee Gary Beitzel In Favor
Trustee James A. Rindfuss In Favor
On motion by Trustee Rindfuss, seconded by Trustee Zarate and by unanimous vote, the Board authorizes the Chancellor to employ the law firm of Thornton & Summers, particularly Michael Holland to file an answer to those served defendants on the Federal lawsuit brought by Howard and Evelyn Crowell in accordance with the terms as discussed in executive session.
On motion by Trustee Rindfuss, seconded by Trustee Beitzel and by unanimous vote, the Board authorizes the Chancellor to authorize the District’s law firm of Langley and Banak, to pursue recovery of costs and damages to the District as a result of the District’s carrier denying coverage in the Howard Crowell Lawsuit.
SETTING OF NEXT MEETING
A Regular Meeting of the Board of Trustees is scheduled for Tuesday, January 20, 2004, at the George E. Killen Community and Education Service Center, 101 Community Meeting Room, 201 W Sheridan.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:50 p.m.
Approved for submission to the Board:
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Dr. J. Terence Kelly
Chancellor
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Prepared by:
Aurora M Medina
Board Liaison