5. APPROVAL OF THE MINUTES OF THE
SPECIAL MEETING ON MAY 19, 2004

On motion by Trustee Charles Conner, seconded by Trustee Beitzel and by majority vote of the Board, the following minute order was adopted:

“The minutes of the Special Board Meeting of the Board of Trustees of the Alamo Community College District held on May 19, 2004 are hereby approved.”

Trustee Jennifer Ramos abstained.

6. APPROVAL OF THE MINUTES OF THE
SPECIAL MEETING ON MAY 23, 2004

On motion by Trustee Denver McClendon, seconded by Trustee Beitzel and by majority vote of the Board, the following minute order was adopted:

“The minutes of the Special Board Meeting of the Board of Trustees of the Alamo Community College District held on May 23, 2004 are hereby approved.”

Trustee Jennifer Ramos abstained.

7. APPROVAL OF THE MINUTES OF THE
SPECIAL MEETING ON MAY 24, 2004

On motion by Trustee Beitzel, seconded by Trustee Zarate and by majority vote of the Board, the following minute order was adopted:

“The minutes of the Special Board Meeting of the Board of Trustees of the Alamo Community College District held on May 24, 2004 are hereby approved.”

Trustee Jennifer Ramos abstained.

8. CHANCELLOR’S REPORT

Dr. Robert Zeigler, Acting Chancellor, presented the Chancellor’s report and highlighted the following:

• Televising of Board Meetings
• Faculty Development & Study Abroad Initiatives

Trustee Charles Conner inquired about item 2 on the Chancellor’s report, the strategic plan. He asked if a request for proposal had been issued. Linda O’Nave, Director of Acquisitions stated that while an RFP had not been issued it would be finalized shortly and she would provide copies to Trustee Conner and Trustee McClendon for review.

The trustees inquired and had lengthy discussion regarding the details of several of the departmental monthly reports.

9. INTERIM TRANSFER OF AUTHORIZATION TO ACT ON BEHALF OF
THE BOARD OF TRUSTEES

Chairman Dr. Sprague pulled this item from the agenda. No action was taken.

10. WEB/DATABASE PROGRAMMER C1 AND AAS

On motion by Trustee Zarate, seconded by Trustee Beitzel and by unanimous vote of the Board, the following minute order was adopted:

“The Board of Trustees of the Alamo Community College District hereby authorizes Northwest Vista College to offer a Web/Database Programmer program leading to a Level One Certificate and an Associate of Applied Science following approval by the Texas Higher Education Coordinating Board.”

11. TUITION AND FEE WAIVER FOR INFORMATION RESEARCH CERTIFICATE COURSE AT PALO ALTO COLLEGE

On motion by Trustee Beitzel, seconded by Trustee Casillas and by unanimous vote of the Board, the following minute order was adopted:

“Palo Alto College is hereby authorized to offer, at no cost to students, the Information Research Certificate course for students who are enrolled in three or more hours at Palo Alto College.”

12. DISCUSSION AND POSSIBLE APPROVAL OF BUDGET FOR
FISCAL YEAR 2004-2005

Chairman Dr. Sprague pulled this item from the agenda. No action was taken.

13. FINANCIAL REPORTS

On motion by Trustee Zarate, 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.”

14. APPROVAL OF UPDATE MINUTE ORDER AUTHORIZING TRANSFER
OF SECURITIES

On motion by Trustee Beitzel, seconded by Trustee Zarate and by unanimous vote of the Board, the following minute order was adopted:

“That Carlos Ramirez, Director of Finance And Accounting for this District and Accounting for this District, and Lenora C. Chapman, Treasurer for this District, individually and not jointly, are each hereby authorized to sell, assign, transfer and deliver stocks, bonds, evidences of interest and/or indebtedness, rights and options to acquire the same, and all other securities, corporate or otherwise, now or hereafter held by this District, and to execute any and all instruments necessary, proper or desirable for such purpose, so long as the actions of Mr. Ramirez and/or Ms. Chapman in this regard comply with the previsions of applicable law and Board Policy CAK; further that any past action in accordance herewith is hereby ratified and confirmed; and further, that any officer of this District is hereby authorized to certify this minute order to whom it may concern.”

15. CONSIDERATION AND APPROVAL OF A RESOLUTION ESTABLISHING THE ALAMO COMMUNITY COLLEGE DISTRICT’S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FOR CONSTRUCTING VARIOUS DISTRICT IMPROVEMENTS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE DISTRICT FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE

On motion by Trustee McClendon, seconded by Trustee Beitzel and by unanimous vote of the Board, the following resolution was adopted:

“The Board of Trustees hereby approves the reimbursement resolution (Exhibit A).

A RESOLUTION RELATING TO ESTABLISHING THE ALAMO COMMUNITY COLLEGE DISTRICT’S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS SCHOOL DISTRICT IMPROVEMENTS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE DISTRICT FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Board of Trustees (the Governing Body) of the Alamo Community College District (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) acquiring, constructing, renovating, improving, and equipping various school facilities and parking lots and the purchase of various vehicles, a piano, and technology equipment (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, other professionals, and bond printer (the Administrative Costs), [the Construction Costs, Engineering Costs, the Architectural Costs, and Administrative Costs collectively constitute costs of the project (the Project)]; and

WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and

WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and

WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures is paid), for the prior lawful capital expenditure of funds from the proceeds of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an approximate amount of $8,300,000 to finance a portion of the costs of the Project; and

WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and

WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer’s budgetary and financial circumstances; and

WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore,

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE ALAMO COMMUNITY COLLEGE DISTRICT THAT:

SECTION 1: This Resolution is a declaration of intent to establish the Issuer’s reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) with respect to the Project from the Issuer’s General Fund or other funds of the Issuer.

SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issue of the Obligations the proceeds there from to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations.

SECTION 3: The reimbursement expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general Federal income
tax principles.

SECTION 4: The Issuer intends to otherwise comply with all the requirements contained in the Regulations.

SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations.

SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issuer of tax-exempt obligations.

SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body.

SECTION 8: All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.

SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision.

SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code.

SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved.

16. DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF NEGOTIATED FEE FOR PHASE I DESIGN SERVICES FOR ELEVATOR REPLACEMENT AND MODIFICATION, ST. PHILIP’S COLLEGE AND SAN ANTONIO COLLEGE,
(RFP NO. 04M-023)

On motion by Trustee James Rindfuss, seconded by Trustee Zarate and by unanimous vote of the Board, the following minute order was adopted:

“The Board of Trustees hereby approves the fee negotiated with Rehler, Vaughn & Koone, Inc. in the amount of $ 16,600.00, and approves all allowed reimbursable costs per RFP Number 04M-023.”

17. APPROVAL OF THE CONSENT AGENDA OF THE REGULAR BOARD MEETING ON JUNE 15, 2004

On motion by Trustee Zarate, seconded by Trustee McClendon 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 June 15, 2004 is hereby approved.

Agenda Items Include: 18, 19, 20, 21, 22, 23, & 27”

Items 24, 25, & 26 were pulled for individual consideration.

18. ELECTION OF FULL–TIME FACULTY 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. 10 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. ”

19. MONTHLY REPORT ON STATUS OF 2001 BOND
AND 2003 BOND CONSTRUCTION FUNDS

This is an informational item on funding, expenditures, commitments, and available balances.

20. APPROVAL AND RATIFICATION OF BUDGET TRANSFERS AND AMENDMENTS

“Budget amendments as they appear on the Budget Amendments Report submitted to the Board of Trustees are hereby approved.”

21. MONTHLY REPORT ON STATUS OF NORTHEAST COLLEGE TAX REVENUE SET ASIDE

This is strictly an informational item on the Northeast College tax revenue set aside.

22. ANNUAL REVIEW OF INVESTMENT POLICY

“The attached Investment Policy CAK (Local) is hereby approved.”

Although there were no changes to this policy official Board approval on continued status quo is required.

23. 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 MAY 1, 2004 through MAY 31, 2004.”

27. MONTHLY REPORT ON COOPERATIVE PURCHASES IN EXCESS
OF $25, 000.00

"The cooperative purchase report for April/May 2004 is hereby accepted."

24. DISCUSSION AND POSSIBLE ACTION ON BIDS FOR AHU UPGRADES AND BOOSTER PUMP INSTALLATION AT PALO ALTO COLLEGE AND ST. PHILIP’S COLLEGE, FOR THE ACCD FACILITIES DEPARTMENT (BID NO. 04C-084).

Trustee Zarate suggested that items such as this one list accounts numbers that indicate fund sources in addition to the description under the “SUMMARY OF FUNDS REQUIRED”. He also expressed interest in giving items such as these individual consideration and excluding them from the Consent Agenda, especially given the dollar amounts.

Ms. Linda O’Nave explained that the criteria for placing these items on the Consent Agenda are in accordance with the policy set forth by the Board. She also assured the Board that she would be willing to revise her process for submitting items on the Consent Agenda, if the Board so requested.

Discussion followed regarding the local policy that governs the consent agenda and the possibility of reviewing and/or revising the policy so as to implement changes.

On motion by Trustee Zarate, seconded by Trustee Beitzel and by unanimous vote of the Board, the following minute order was adopted:

"Based on bids received June 2, 2004, the contract is awarded to TD Industries, Ltd. of San Antonio, Texas, submitting the low "ALL OR NONE" base bid of $107,000.00 for AHU Upgrades and Booster Pump Installation at Palo Alto College and St. Philip’s College for the ACCD Facilities Department (Bid No. 04C-084). A 10% contingency ($10,700.00) is also approved."

25. DISCUSSION AND POSSIBLE ACTION ON BIDS FOR THE PURCHASE OF FIVE (5) MOTOR CONTROL CIRCUIT TRAINERS FOR THE ALLIED CONSTRUCTION TRADES PROGRAM AT ST. PHILIP’S COLLEGE SOUTHWEST CAMPUS (BID # 04A-087).

On motion by Trustee Zarate, seconded by Trustee Rindfuss and by unanimous vote of the Board, the following minute order was adopted:

"Based on bids received May 25, 2004, the contract is awarded to Summit Electric Supply, of San Antonio, Texas, submitting the low bid of $43,555.00 for the purchase of Five (5) Motor Control Circuit Trainers for the Allied Construction Trades Program at St. Philip’s College – Southwest Campus (Bid No. 04A-087). "

26. DISCUSSION AND POSSIBLE ACTION ON BIDS FOR THE PURCHASE OF FOUR (4) MODULAR CLASSROOM BUILDINGS, FOR NORTHWEST VISTA COLLEGE AND SAN ANTONIO COLLEGE (BID NO. 04A-092).

Discussion followed regarding the importance of having a master facilities plan as it relates to items such as these. The trustees expressed concern regarding the reactive mode of operation when designing, planning, and/or executing construction projects. Several trustees stressed the importance of designing a timeline that would provide for a proactive mode of operation and that would assist in ensuring a successful bond election.

On motion by Trustee Zarate, seconded by Trustee Rindfuss and by unanimous vote of the Board, the following minute order was adopted:

"Based on bids received June 2, 2004, the contract is awarded to Comark Building Systems, Inc. of Desoto, Texas, submitting the sole bid including utility work of $491,775.00 for Purchase of Four (4) Modular Classroom Buildings, for Northwest Vista College and San Antonio College (Bid No. 04A-092), a 5% contingency ($24,589.00) is also approved. "

CLOSED SESSION

Chairman Dr. Sprague announced that the meeting would adjourn into Closed Session pursuant to sections 551.071 and 551.072 of the Texas Open Meetings Act at 8:33 p.m.

RECONVENE OPEN MEETING

Chairman Dr. Sprague reconvened the meeting into Open Session at 9:54 p.m.

23. ACTION ON ITEMS DISCUSSED IN CLOSED SESSION

Trustee James Rindfuss motioned to authorize staff to enter into negotiations with the necessary individuals for the possible acquisition of land and to employ an appraiser to prepare a review appraisal of the owner’s appraisal and ACCD’s appraisal. Trustee Zarate seconded the motion and by unanimous vote of the Board the motioned passed.

Trustee James Rindfuss motioned to authorize attorneys to enter into a settlement agreement in the Cora Bailey case in accordance with the terms as discussed in closed session. Trustee Conner seconded the motion and by unanimous vote of the Board the motion passed.

SETTING OF NEXT MEETING

A Regular Meeting of the Board of Trustees is scheduled for Tuesday, August 17, 2004, at the George E. Killen Community and Education Service Center, 101 Community Meeting Room, 201 W Sheridan.

ADJOURNMENT

On motion by Trustee McClendon, seconded by Trustee Beitzel and there being no further business, the meeting was adjourned at 9:58 p.m.

Approved for submission to the Board:

Dr. J. Terence Kelly
Chancellor

Prepared by:
Aurora M Medina
Board Liaison