Board of Trustees - Minutes
March 23, 2007 Minutes
Meeting of the Board of Trustees
Call to Order: Frankie Swift, Board President, called the meeting to order at 10:15 AM. In addition to Ms. Swift, the following board members were in attendance: Dr. Gene Brooks, Debbie Louder, Jesus Bautista, Jamie Wheeler, Caroline Daley, Michelle Goodwin, Dr. Bob Peters, and Donna Clopton.
Introduction of Audience: Others in attendance at the meeting included Janice Gientke, Purchasing Assistant; John Daude, Director of Facilities and Construction; Douglas Foxworth from Austin Council of the Blind, Inc.; Dr. Phil Hatlen, Superintendent; Miles Fain, Principal of Comprehensive Programs; Dr. Lauren Newton, Principal of Special Programs; Cyral Miller, Director of Outreach; Carol Vaughan, School Attorney; Barney Schulz, Administrator for Business, Operations and Technology; Susan Houghtling, Director of Planning and Evaluation; Debra Nesbitt, Human Resources Director; Malcolm Cleveland, Accounting Director; John Botti, Administrative Assistant to the Superintendent; Ken Miller, Director of the Center for School Resources; Garner Vogt, Residential Director; and Linda Locke, Assistant Principal.
Public Comments/Open Forum: Douglas Foxworth from Austin Council of the Blind, Inc. (ACB) presented a donation in the amount of $2,007 to support the school’s goalball program. Recreation Director Mark Gronquist thanked ACB for the donation, and introduced student goalball players Liz and Joseph.
Debra Sewell, Curriculum Coordinator, distributed complimentary copies of Natalie Barraga’s new book If Anyone Can, You Can to members of the Board. She also showed a sample of a new calendar that features paintings by Ginny Bishop. She said that All Blind Children of Texas will sell the calendar to raise money. She also said that they will sell the original paintings.
Award of Certificates of Appreciation: Miles Fain said that every year, the Instructional Planning Council (IPC) and the Outreach department select staff to be recognized as TSBVI Outstanding Staff Members. These staff members are also nominated by the school for the national Principals of Schools for the Blind (POSB) outstanding staff awards.
Assistant Principal Susan Hauser introduced teaching assistant Stephen Hannaman, who is TSBVI's2007 Outstanding Paraprofessional. She also introduced technology teacher Vicki Davidson, TSBVI’s 2007 Outstanding Teacher of Students who are Visually and Multiply Impaired.
Residential Director Garner Vogt presented Dorm Manager Eva Fisher, TSBVI's 2007 Outstanding Residential Life Staff Member.
Assistant Principal Pat Stephenson presented the school's 2007 Outstanding Teacher of the Blind and Visually Impaired, elementary teacher Paulette Kamenitsa.
Outreach Director Cyral Miller presented Eva Lavigne, TSBVI’s 2007 Outstanding Provider of Outreach Services. She commended Ms. Lavigne for her thoughtfulness and zest for learning.
Mr. Fain introduced Brenda Gregory, 2007 Outstanding Related Services Provider. Ms. Gregory is the OT/PT department coordinator, and has worked at TSBVI for 17 years.
Board President Frankie Swift presented certificates of recognition to each award winner and thanked them for their contributions to the school.
Consideration of Approval of Minutes of January 26 and January 27, 2007 Board Meetings: Donna Clopton moved to approve the minutes as presented. Gene Brooks seconded the motion. The motion to pass was unanimous.
Report from the Finance and Audit Committee:
Report from the Internal Auditor:
Consideration of approval of Information Resources Department Audit: Frankie Swift moved on behalf of the Finance and Audit Committee to accept the report as written. No second was needed as the motion came from committee. The motion to pass was unanimous.
Discussion and possible action on revision to 2007 Audit Plan: Ms. Swift reported that Internal Auditor Russell Gregorczyk had changed the 2007 Audit Plan to reflect the removal of the audit of Construction Planning/ Oversight. The change took place because, due to delays caused by proposal price overruns, there will be no construction to audit in fiscal year 2007.
Consideration of approval of finance/audit policies: Ms. Swift moved on behalf of the Finance and Audit Committee to approve Policy CPC. No second was needed, as the motion came from committee. The motion to pass was unanimous.
Consideration of approval of Investment Report: Mr. Schulz reported that the short-term investment balance as of February 28, 2007 was $363,581. The investments are all within the MBNA Municipal Investors Service Corporation Pool. The interest earned over the six months ending February 28 was $8,282.40. The average annualized yield for the period was 5.48%. Ms. Louder moved to approve the investment report. Dr. Peters seconded the motion. The motion to pass was unanimous.
Approval of receipt of gifts and donations of over $500: Mr. Schulz reported that the school had received two donations of over $500 since the previous report: $2,007 from Austin Council of the Blind, Inc., and $4,124.82 from Delta Gamma that is not designated for any specific use. Mrs. Clopton moved to approve the gifts and donations. Dr. Peters seconded. The motion to pass was unanimous.
Approval of request for expenditure of gifts and donations: Dr. Hatlen asked that half of the undesignated funds be deposited into the Staff, Volunteer and Guests account, and that the remaining half be deposited into the Student Enrichment Activities account. Michelle Goodwin moved to approve the request for expenditure of gifts and donations that Dr. Hatlen proposed. Dr. Peters seconded the motion. The motion to pass was unanimous.
Report on book sales: Mr. Schulz indicated that in the past six months, the Curriculum Department had sold 2,368 print publications, 487 copies of braille fundamentals, 47 copies of elementary concepts, 20 videos, and 70 copies of materials on braille and diskette. This adds up to a total of 2,988 sales. The revenue total for these sales came to $110,478. He said that the sales look to be right on target with expectations for this time of the year.
Report from the Program Committee:
Consideration of approval of program policies: Ms. Louder moved on behalf of the Program Committee to approve Policy EHBAA with corrections of typographical errors. No second was needed as the motion came from committee. The motion to pass was unanimous.
Consideration of approval of the School’s calendar for 2007-2008: Ms. Louder moved on behalf of the program Committee to approve the school's calendar for 2007-2008. As the motion came from committee, no second was needed. The motion to pass was unanimous.
Consideration of approval of goals, objectives and a list of action plans for the 2007-2008 Annual Improvement Plan: Ms. Louder indicated that the committee will consider revisions to the plan in May, but that the committee had approved it. She moved on behalf of the Program Committee that the Board approve the Annual Improvement Plan. No second was needed, as the motion came from committee. The motion to pass was unanimous.
Consideration of approval of recommendations of the Textbook Committee: Ms. Louder reported that the Program Committee had moved to approve the recommendations of the Textbook Committee. No second was needed, as the motion came from committee. The motion to pass was unanimous.
Reports from Instructional Program Directors: Ms. Louder said that, in consideration of time, she would present a brief overview of the reports from the program directors.
Outreach Director Cyral Miller: Ms. Louder said that Cyral Miller had reported the acquisition of a new grant for equipment and training related to the use of a GPS program. She also reported on the statewide needs assessment and the training that Outreach will be offering this year.
Special Programs Principal Lauren Newton:
Status report on Summer 2007 Programs: Ms. Louder said that Dr. Newton had updated the committee on the status of the Summer Programs. She had said that there had been 405 applicants, and that they accepted the same number of participants as in 2006. The wait list is smaller this year than it has been in previous years. There is a waiting list for the Life Skills camps, but the Functional Academics classes had fewer applicants than expected. The Braille Music class, which is open to enrollment nationally, had not been completely filled. They are also offering a State Board of Education-accredited PE class.
Comprehensive Programs Principal Miles Fain: Ms. Louder reported that Mr. Fain had updated the committee on the students' participation in the regional Braille Challenge. Also, students Liz and Joseph reported on their participation in a recent youth leadership summit.
Report from the Personnel Committee:
Consideration of approval of human resources policies: Ms. Clopton asked that the consideration of policies DFD, DGBA, and DIA be postponed until the next board meeting.
Consideration of superintendent selection process: On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the job posting for the superintendent position be closed effective March 23, 2007 at 5:00 p.m. No second was needed as the motion came from committee. The motion to pass was unanimous.
The Board decided to hold a stakeholder meeting on April 13, followed by applicant interviews on that and the following day. Ms. Swift announced a full board meeting on April 21 at noon in order to finalize the hiring decision.
Ms. Swift announced that Dr. Brooks would replace Mary Sue Welch on the Superintendent Selection Committee.
Consideration of approval of proposed renewals and nonrenewals of staff contracts: Ms. Louder moved to approve the proposed renewals of staff contracts for the 2007-2008 school year. Dr. Peters seconded the motion. The motion to pass was unanimous.
Consideration of Employment of Superintendent: Authority, Restrictions and Prohibitions Related to Employment Relationship, Campus Housing, Travel Expenses, Moving Expenses, and Car Allowance: Mrs. Clopton, on behalf of the Superintendent Selection Committee, moved that that the monthly rental charged to the superintendent, if the superintendent chooses to live on campus, include the costs of structural and yard maintenance, utilities, and local telephone service as part of the school’s telephone system. The motion needed no second, as it came from committee. The motion to pass was unanimous.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the board reimburse superintendent applicants selected for interviews for actual expenses in traveling to and from the interview and for meals and lodging not to exceed the statutory limit.
Ms. Swift explained that the Board is not allowed by law to pay any moving or relocation expenses for the superintendent, but may reimburse superintendent applicants for actual expenses in traveling to and from the interview.
Malcolm Cleveland said that the amount that the applicants may be reimbursed may not exceed twice the amount to which an ordinary state employee would be entitled. In this case, the amount for lodging and meals may not exceed $242 per day.
No second was needed as the motion came from committee. The motion to pass was unanimous.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the board employ the superintendent as an “at will” employee, not a contractual employee. No second was needed, as the motion came from committee. The motion to pass was unanimous.
At 1:15 PM Ms. Swift announced that the Board would enter in closed session under the authority of the Texas Open Meetings Act section 551.074, to discuss personnel matters.
Ms. Swift reconvened the meeting in open session at 2:35 PM.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the board solicit selected staff and stakeholder input with respect to general questions regarding superintendent applicant leadership style, values and philosophy. No second was needed, as the motion came from committee. The motion to pass was unanimous.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the Superintendent Selection Committee conduct the interviews for superintendent and bring to the full board the recommendation for the applicant to be selected as superintendent. No second was needed, as the motion came from committee. The motion to pass was unanimous.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that Debra Nesbitt coordinate the scheduling of interviews with the Superintendent Selection Committee and the applicants selected for interview. No second was needed, as the motion came from committee. The motion to pass was unanimous.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the Board direct the Superintendent Selection Committee to work with Debra Nesbitt to develop the questions for the superintendent interview to cover superintendent job responsibilities, qualifications and characteristics. No second was needed, as the motion came from committee. The motion to pass was unanimous.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that the board interview the applicants with the four top scores based on the Applicant Rating Profile reviewed by the Superintendent Selection Committee. No second was needed, as the motion came from committee. The motion to pass was unanimous.
Consideration of Monthly Rental Value for Superintendent's Residence: On behalf of the Superintendent Selection Committee, Donna Clopton moved that that the Board give the new superintendent the option of living in on-campus housing. She said that this reflects the statute on this topic. The motion did not need a second, as it came from committee. The motion passed with two abstentions by Robert Peters and Jesus Bautista.
On behalf of the Superintendent Selection Committee, Mrs. Clopton moved that, if the superintendent applicant selected was first employed at TSBVI prior to September 1, 1999 and chooses to live on campus, the board charge the superintendent $800 per month rental; and if the superintendent selected was first employed at TSBVI after September 1, 1999 and chooses to live on campus, that the board charge the superintendent $1,650 per month rental.
Mr. Cleveland said that he had spoken with a functionary at the General Land Office (GLO), and that he and that person had agreed that the term "first employed at TSBVI" does not necessarily imply continuous employment.
Dr. Hatlen said that he does not believe that residence on campus is a perk, and that most superintendents in the United States live on their campus for free. He said that charging rent to the successful applicant would combine with a likely decrease in salary to become a disincentive for any current superintendents who may wish to apply.
Ms. Vaughan said that the only way to reduce the rent for the campus residence to zero would be to successfully petition for a state law to be passed that allows an exception for TSBVI from the provision requiring that state agencies charge rent to employees who live in state-owned housing. This would require meeting the standard that it be critical to the job responsibilities that the superintendent live on campus.
Dr. Peters asked whether the rent that is charged to the current occupant of the campus residence is used for facility upgrades.
Mr. Cleveland said that there is an Article IX provision limiting the amount of money spent on repair or renovations of the campus residence to $25,000 per biennium.
Mr. Cleveland read the GLO's definition of Fair Market Rental value (FMR): "[FMR] is a measure for both the contract rent paid to the owner plus the cost of utilities required to make the unit livable."
The motion failed to pass with Ms. Swift, Mrs. Clopton, and Ms. Louder voting for the motion and Dr. Peters, Dr. Brooks, Mrs. Goodwin, Mrs. Daley, Mrs. Wheeler and Mr. Bautista voting against the motion.
Dr. Peters moved that, if the superintendent applicant selected was first employed at TSBVI prior to September 1, 1999 and chooses to live on campus, the board charge the superintendent $800 per month rental; and if the superintendent selected was first employed at TSBVI after September 1, 1999 and chooses to live on campus, that the board charge the superintendent $1,650 per month rental; and that a sufficient amount of those funds up to the maximum amount permitted by law be dedicated to the maintenance and renovation of the structure for the fiscal 2008-2009 biennium. Mr. Bautista seconded the motion.
Dr. Hatlen mentioned that the house's utilities are not separately metered.
Mr. Bautista called for a vote. The motion failed to pass. Dr. Brooks and Dr. Peters voted "yes", and Ms. Swift, Mrs. Goodwin, Mrs. Daley, Mrs. Wheeler, Mrs. Clopton, Mr. Bautista, and Ms. Louder voted "no".
On behalf of the Superintendent Selection Committee, Ms. Louder moved that, if the superintendent applicant selected was first employed at TSBVI prior to September 1, 1999 and chooses to live on campus, that the board charge the superintendent $800 per month rental; and if the superintendent selected was first employed at TSBVI after September 1, 1999 and chooses to live on campus, that the board charge the superintendent $1,650 per month rental. Dr. Peters seconded the motion. The motion to pass was unanimous.
Update on Management of the Bert E. Broday, Jr. Trust: Mr. Schulz offered an overview of the history of the Bert E. Broday, Jr. Trust (the Trust). In 1977, Mr. Broday passed away. His will established a trust benefiting TSBVI and the American Heart Association (AHA), of which Wells Fargo Bank is currently trustee. ExxonMobil stock comprised approximately 99% of the assets of the Trust. In 1978 the trust was established at a value of $1,521,000. As of last December it was valued at approximately $33 million.
He said that in 2006, Wells Fargo approached TSBVI and AHA with a request to diversify the assets of the Trust and split it into two equal parts. The Trust has been divided into two trusts as of January 2007. The trustee will quarterly distribute up to 4% of the annualized interest income to the school. The Attorney General also approved the request that Wells Fargo be allowed to diversify the stock. The trust modification also declared that the attorney's fees incurred in the process of modifying the Trust will be charged to the Trust. These fees amounted to $3,434 to Wells Fargo and $5,029 to the Attorney General's Office.
Mr. Schulz explained that Wells Fargo had reported that they had begun to diversify the trust, and that since diversification the actual value of ExxonMobil stock had gone down. As a rough estimate, the school will begin receiving $150,000-$160,000 per quarter, as compared to the $40-45,000 that the school had received quarterly from the Trust in the past. These payments are invested in an account called the Legacy Fund until the school chooses to spend the money.
Mr. Bautista asked about using the interest payouts from the Trust to renovate the Superintendent's Residence. Mr. Schulz explained that in the past, the Board had chosen to use Legacy funds for student activities, but that it would be possible to change that practice or to make room in the general operating budget by moving some of the student activity expenses from that budget to the Legacy account.
Lunch with the TSBVI Student Council and TSBVI Art Instructor (11:30am-1:00pm): At 11:40 AM, Ms. Swift called to meeting to recess. The Board then proceeded to the TSBVI Conference Center to take part in the annual Board of Trustees/ Student Council Luncheon.
Report on Texas Administrative Code Related to Requirements for Local School Districts When Referring Students to TSBVI Comprehensive Programs: Dr. Hatlen reported that he has requested that the Commissioner of Education remove the rule requiring special education directors to delineate the ways in which they cannot serve a student who is being referred to TSBVI. He said he had not heard back from the Commissioner.
Ms. Swift explained that the school districts are afraid that they are opening themselves up for a lawsuit if they admit that they cannot provide services for a student, as they are required by law to serve those students. Mrs. Wheeler said that this rule does not apply to the Texas School for the Deaf.
Ms. Louder asked Dr. Hatlen to follow up with the Commissioner, as the rules are up for public input in May 2007.
Discussion of Teacher Bonuses that are Tied to TAKS Scores: Dr. Hatlen reported that he objects to the state paying bonuses to teachers based on their students' TAKS scores, as we have about 100 students at TSBVI who will never take the TAKS, and they have some of the best teachers in the state. Making these teachers ineligible for bonuses is unfair, he opined.
Ms. Swift said that the Board will revisit this topic in the first meeting after the May board meeting, which will give the legislature time to create the TEA budget for teacher bonuses.
Facilities Master Plan Update: John Daude reported that the proposals that came back for the construction package containing a duplex, a quad-plex and the elementary complex came in $1.5 million over budget due to rising construction costs since the bond money was allocated to TSBVI. In order to cut costs, we may have to cut one of the units in the elementary residence. He now doesn’t expect to break ground until end of May or June. Construction of all three buildings in the first round of projects is expected to begin at the same time.
Ms. Swift said that she had found that construction costs have gone up 47-48% since the bonds were issued, 2.5% in January 2007 alone. The increase is mostly due to concrete, steel, and labor.
Mr. Daude also indicated that he had spoken with the State Energy Conservation Office (SECO) and they said that they could provide funding for new construction of an energy-saving system such as a solar hot water heater. Austin Energy also provides rebates for energy efficiency measures.
Dr. Hatlen showed the master plan to the Board.
Status of All Blind Children of Texas (ABCTX) Charity: Ms. Swift expressed her hopes that Gloria Bennett could provide an ABCTX update at the May board meeting. Dr. Hatlen suggested that members of the Board who attend the TAER conference visit Mary Sue Welch, who, on behalf of ABCTX, will be offering application forms for approximately $4,000 in grants for summer enrichment programs.
Report from the Superintendent:
Legislative update: Dr. Hatlen reported that he had recently been to the legislature for Senate Finance Committee and House Appropriations Committee hearings.
Superintendent’s travel: Dr. Hatlen said that he had attended a meeting on Core Curriculum that AFB held February 2 and 3. He also attended the CTEVH Conference that took place March 2-5 in San Jose, CA.
Campus visitors and activities: Phil reported that in the last two months, TSBVI had hosted visitors from Germany, Florida, the school for the blind in Ontario, North Dakota, Washington State School for the Blind, and Chile, and that guests from Korea had arrived and a pair of Ecuadorians were arriving soon.
He also reported the dedication of the Roy Wright Technology Wing, a performance on Valentine's Day by musician Laz of Gemini, and a Black History Assembly. The drama team had just competed in UIL One Act play competition. He said that the SCASB Track & Field and Performing Arts Championship was coming up in Jackson, MS. The spring drama performance is April 26. The Junior/Senior Banquet will take place April 23 at 6:00pm, and the Junior/Senior Prom is April 28 at 8:00pm. Fiesta activities happen on May 2.
Dr. Hatlen's Retirement Celebration will take place on May 17, with a 2:05 PM assembly in the auditorium, followed by a 3:05 PM Student Council Reception at the pavilion. May 23 will see the Performing Arts Assembly at 9:45am, the Elementary Awards Assembly at 11:30am, the Secondary Awards Assembly at 2:00pm, and the Student Council Ice Cream Social at 3:00pm. On May 24 the Board-sponsored lunch for graduates will be held (11:30am is the tentative time) and the Graduation ceremony is at 3:00pm.
On the evening of May 25 there will be a reception honoring Dr. Hatlen at Sheraton Hotel Austin, 701 E. 11th Street.
Progress report on procedures required in policy: No policies that were reviewed by the board at the November board meeting required procedure development before the March board meeting.
Use of facilities by outside groups: Dr. Hatlen reported that the Bangladesh Association of Central Austin has used our auditorium for two cultural events this year.
Review of Consultants’ Contracts Approved at the Administrative Level – Contracts Greater than $600 and Equal To or Less than $10,000: Dr. Hatlen announced that none of the consultants' contracts approved at the administrative level since the January board meeting required approval of the Board.
Discussion of Future Board Meeting Topics: Ms. Swift said that the board members who are able to do so usually stay the day after the May board meeting to attend graduation and the graduate brunch, which will be a lunch this year.
Ms. Houghtling announced a reception for Phil on May 25 at Sheraton Downtown.
Ms. Clopton asked about buying new chairs for the boardroom. John Daude said that he will bring samples of chairs to the April 21 board meeting.
Ms. Swift announced a meeting of the Board on July 23, 2007.
Ms. Swift said that Wells Fargo hopes to give an update in July on the status of the investments.
Ms. Swift suggested that the Board invite administrators to a more intimate retirement party for Phil Hatlen and Mary Sue Welch on July 22, 2007.
Administration of the Oath of Office for New Board Members: Ms. Swift led new board members Caroline Daley, Michelle Goodwin, and Dr. Robert Peters through their oaths of office.
Consideration of Approval of Board President’s Recommendations Concerning Membership in Board Committees and Nomination of Committee Members: Ms. Swift outlined the board committees and the current openings on those committees. Mr. Bautista asked to move from the Programs Committee to the Personnel Committee. Dr. Peters asked to join the Programs Committee. Mrs. Daley indicated her preference to be on the Personnel Committee. Mrs. Goodwin said that she would accept placement on the Finance and Audit Committee.
Announcements: Ms. Swift said that she would like to reschedule the dinner honoring former board member Mary Sue Welch, perhaps around the time of a future meeting of the Board or of ABCTX.
Adjournment: Ms. Swift adjourned the meeting at 4:00 PM.
Frankie Swift Board President Date
Gene Brooks Board Secretary Date
John Botti Recording Secretary Date
FUTURE BOARD MEETING TOPICS
Ms. Clopton asked about buying new chairs for the boardroom. John Daude will bring samples of chairs to the April board meeting.
Ms. Swift expressed her hopes that Gloria Bennett could provide an ABCTX update at the May board meeting.
Ms. Swift said that the board members who are able to do so usually stay the day after the May board meeting to attend graduation and the graduate brunch, which will be a lunch this year.
Susan Houghtling announced a reception for Phil Hatlen on May 25 at Sheraton Downtown.
Ms. Swift said that Wells Fargo was hoping to give an update in July on the status of the investments.
Ms. Swift suggested having an administrator and Board more intimate retirement party for Phil in July. The Board will host a party for Phil Hatlen and Mary Sue Welch on Sunday, July 22 and a hold a board meeting on July 23.
The discussion of teacher bonuses that are tied to TAKS scores will be on the agenda for the July meeting.