Missouri State University

April 16, 2004

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
APRIL 16, 2004

 

1.                  Roll Call

Present-     Dr. Barbara Burns, President of the Board
                  Mr. Thomas Carlson, Governor
                  Mr. William Darr, Governor
                  Mr. Michael Duggan, Governor
                  Mr. Michael Franks, Vice President of the Board
                  Ms. Mary Sheid, Governor
                  Ms. Phyllis Washington, Governor (by conference call)
                  Ms. Kelli Wolf, Student Governor
 

Also
Present-     John Keiser, President
                  Kent Thomas, Chancellor of the West Plains Campus
                  Greg Onstot, Vice President for University
                      Advancement
                  Bruno Schmidt, Vice President for Academic Affairs
                  Don Aripoli, Vice President for Student Affairs
                  Kent Kay, Associate Vice President for Finance
                  Greg Burris, Vice President for Administration &
                      Finance
                  John F. Black, General Counsel
                  John W. McAlear, Secretary of the Board

2.         Presiding --- The presiding officer for the meeting was Dr. Barbara Burns, President of the Board of Governors.  She called the meeting to order at 9:00 a.m. in the Magnolia Room of the West Plains Civic Center in West Plains, Missouri.

3.         Minutes --- Dr. Burns noted that the first item of business on the agenda was the approval of the minutes submitted by the Secretary for the open and closed meetings of March 19, 2004.  Mr. Duggan moved to approve the minutes as presented.  Ms. Sheid seconded the motion.

Motion passed 7-0.

Dr. Burns then asked if there was a motion to approve the minutes of the open and closed special meetings of March 30, 2004.  Mr. Franks so moved, receiving the second of Ms. Sheid.

Motion passed 7-0.

4.         Report from the President --- Dr. John Keiser asked that Dr. Jim Baker and General Fred Marty present the Memory of Understanding with the City of Springfield for the development and operation of the Jordan Valley Innovation Center ( JVIC) (Agreement No. 128-04).  Dr. Baker explained that this 2.4-acre property is the former MFA building facility in downtown Springfield.  This project is the renovation of three of the five buildings that are owned by the City of Springfield.  One of the uses of this renovated property is for the Center for Applied Science and Engineering.  We do not have enough space on our campus to perform this Center's research.  We also see this as a huge economic development tool for the City of Springfield.  The JVIC will include bio-materials research, nano-technology research, and other types of technical research.  Advanced manufacturing support will also be provided.  We are working with six companies from around the United States that have a lot of interest with what Dr. Ryan Giedd of the Center for Applied Science and Engineering is doing.  We hope to involve OTC for workforce development and training.  Dr. Baker further explained that selected corporate research and development groups will also use the renovated facilities.  A Class 100 Clean Room will be built.  The plan is to make these facilities and laboratories available to local industries.  Several corporate tenants have expressed a desire for laboratories in this facility.  He explained that the City will retain ownership of the site and will contract with SMSU to be the general manager of the Center.  SMSU will pay rent of $1 per year.  SMSU is also responsible for securing funds to renovate and equip the facility.  We estimate that this total project will run about $15 million.  Rents from corporate research companies will pay for the expenses to operate the facility and any revenues above that will go to the City.  Over time, discussions will be held on whether the University will want to purchase the property from the City.

General Fred Marty then explained that we have been working with Missouri's Congressional Delegation to obtain federal funds to help renovate and equip the facility.  They are very supportive of this project and we estimate that the initial year funding will require about $8 million.  General Marty next reviewed the major points of the Memory of Understanding with the Board.  If approved, there will be three separate resolutions hiring consultants for this project – a technical consultant, a physical security consultant, and a site consultant.  The cost of the three consultants totals about $135,000.  This project is contingent upon receipt of a favorable consultant evaluation of JVIC viability and feasibility and that the condition of the basic structure is sound and can be affordably modified with potentially available federal grant funds for at least 25 years' future use to permit the type of operations previously described.  This is also contingent on the receipt of federal funds to undertake the creation of JVIC.  This type of funding is optimistically viewed by our Congressional Delegation for this year.  Again, there would be a 25-year renewable lease agreement with the City  at $1 per year.  He explained that, if approved today, the Memorandum of Understanding would then be considered by the City Council of Springfield.  Mr. Carlson commented that he thinks this is a win-win for both the University and the City.  This furthers our missions in education and public affairs.  This will also create jobs for the community.  For obvious reasons (as Mayor of the City of Springfield) he will abstain from the vote on this resolution.  Mr. Franks added that this is a very good business proposition – we are only placing about $135,000 at risk to determine if we can move forward with this project.  Mr. Franks suggested that if some day the City begins to make a profit on this project, that the profits be reinvested in the project.  Mr. Carlson responded that it would be the intent of the City to use any such profits in downtown issues.  

Dr. Burns asked if there was a motion to approve the resolution.  Moved by Mr. Franks.  Seconded by Mr. Duggan.

Motion passed 6-0-1 (Mr. Carlson abstaining).

Mr. John Black, General Counsel, next presented a resolution (Agreement No. 129-04) approving a Cooperative Agreement between SMSU, acting through its Ozarks Public Health Institute, St. John's Health System of Springfield, and CoxHealth of Springfield and also approving a Program Services Contract between SMSU and the Missouri Department of Health and Senior Services.  These agreements are for SMSU's Ozarks Public Television to produce 24 thirty-minute television programs on public health issues over the next two years to air on Ozarks Public Television and other venues.  We were fortunate to get support from the Missouri Department of Health and Senior Services and the two local hospitals to develop these programs.  The total cost of these programs is $232,866.  This amount is to be funded by two separate contracts -- $100,000 from the Missouri Department of Health and Senior Services, and the remainder from the two hospitals.

Moved by Ms. Sheid and seconded by Mr. Duggan.

Motion passed 7-0. 

Dr. Keiser next reported that the University, in a number of ways, has had an effective relationship with the Missouri Department of Agriculture.  He then introduced Mr. Peter Hofherr, the Director of the Missouri Department of Agriculture, who has asked to address this relationship.  Mr. Hofherr remarked that he considers SMSU to be one of the more innovative and entrepreneurial universities that he has dealt with around the country.  This means a chance to expand our relationship and create some real gains for the State of Missouri.  He wants to encourage our partnership for the future.  He then gave a short summary of the $19.6 billion impact of Missouri agriculture.  He added that agriculture is changing very, very fast and is creating a lot of opportunities for Missourians if we can be innovative and entrepreneurial and if we can continue to work together to provide the services and tools that agriculture needs.  The three-legged partnership between government, academia, and industry is how he has tried to work with SMSU.  The Mountain Grove Campus has set the model for this and is recognized nationally in these efforts.  The present grape partnerships have been very successful.  Mr. Hofherr further remarked that he sees great promise with horticulture partnerships.  Dr. Keiser indicated and Mr. Hofherr agreed that another service that SMSU can bring to the table in this partnership is through our digital Ozarks Public Television.  Ms. Sheid commented and Mr. Hofherr also agreed that the State and University could work together on agricultural efforts through the University's presence in China.  

5.         Educational:

a.  Faculty Senate Report --- Dr. Jim Giglio, Chairperson for the Faculty Senate, reported that the Senate elected Dr. Art Spisak as Chair-Elect and Dr. Rhonda Ridinger as Secretary.  He then thanked the Student Government Association for agreeing to increase student fees two additional dollars to cover both the retention of the existing dental plan as well as to take care of additional shortfalls in the medical plan for FY05.  He also expressed his appreciation to the Board for their approval of this additional two-dollar increase in student fees over and above the original recommendation of a ten percent fee hike.  He added that next Fall the Faculty Senate will address a request coming from the student body president to devise a student evaluation form for all courses, the evaluation results of which would be available to students.  Dr. Giglio stated that this is his last meeting as Chairperson of the Faculty Senate.  He commented that he has learned a lot more about the University from having served in this role.  He also learned more about the Board – this is not a rubber stamp board. 

b.   West Plains Campus Faculty Senate Report --- Mr. Jim McLeane, Chairperson of the West Plains Campus Faculty Senate, reported that the West Plains faculty, as well as the whole campus, is getting very involved in assessment.  He also reported that the West Plains faculty is a very small group that works very well together to accomplish tasks – one example being the accreditation report for the Higher Learning Commission. 

c.   Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, presented a resolution (Human Resources No. 1127-04) recognizing Dr. Giglio for his dedicated service as Chair of the Faculty Senate during the 2003-2004 academic year.  He commented that it has been a pleasure working with Dr. Giglio this year.  Moved by Ms. Sheid.  Seconded by Mr. Duggan.

Motion passed 7-0.

Dr. Schmidt next reported that there are two searches in process at the present time with interviews taking place.  He indicated that recommendations for the Dean of the College of Arts and Letters and the Dean of the College of Education will be brought forward at the May meeting. 

Dr. Schmidt then presented a resolution (Student Policies No. 76-04) approving modifications to the SMSU Undergraduate General Scholarship Program.  He indicated that these changes will result in a more effective scholarship program.  One change is that in the past some students who received an excessive number of scholarships could make money during their years on campus --- this new program will not allow students to receive institutional scholarships for more than the cost of education.  Moved by Mr. Darr and seconded by Mr. Franks.

 Motion passed 7-0.

6.         West Plains Campus:

a.   Report from the West Plains Campus --- Mr. Kent Thomas, Chancellor, reported that they implemented course registration on the web this month, which will be a significant advantage for the West Plains Campus.  He also reported that they dedicated Shannon Hall on the Mountain Grove Campus on April 2nd.  He then presented the following resolution for the Board's consideration:

Approval of actions concerning academic employees of the West Plains Campus (West Plains Personnel No. 212-04).

Moved by Ms. Sheid.  Seconded by Mr. Franks.

Motion passed 7-0.

7.         Student Affairs:

a.   Report from Student Body President --- Mr. Rafiel Warfield, President of the Student Body, reported that they have been busy getting the books together to send to our China campus where they do have a shortage of books.  He is pleased that the faculty are willing to work with students in the faculty evaluation process.  He next introduced the newly elected Student Body President and Vice President, Christopher Curtis and Lindsay Haymes.  He ended his report by informing the Board that the SGA is sponsoring a public forum entitled "Focus on Education" on Sunday, April 18th in the Plaster Student Union.  Members of the panel include Senator Peter Kinder, the President Pro Tem; Representative Catherine Hanaway, Speaker of the House; and Representative Carl Bearden, Chair of the House Budgetary Committee.  

b.   Report from the West Plains Campus Student Body President --- Mr. Timothy Law, President of the West Plains Campus Student Body, reported that since the Campus celebrated its 40th anniversary this year, he is proud to be a member of the 40th class at the West Plains Campus.  He added that one of the biggest challenges that the West Plains students had this year was rewriting the student section of the Higher Learning Commission Self Study.  Mr. Law finished his report by giving a brief review of his and Mr. Warfield's trip to China.

c.   Report from Vice President for Student Affairs:  Dr. Don Aripoli, Vice President for Student Affairs, reported that last month, the Blair Shannon renovation project was approved and they have already started on the work.  The bid on the Woods project will be presented later in today's meeting for your approval but the bid on the Freudenberger project did not come in as good, so because the present reserve they have is the minimum that should be on hand, they are going to save some money back this year and attempt to complete Freudenberger phases 1 & 2 next summer and get back on schedule.  Dr. Aripoli next reported that about $97 million in financial aid is distributed each year.  Federal sources make up 64% of this aid.  As far as type of aid, loans make up 55% of total aid.   

He next presented a resolution (Finance No. 974-04) approving the tentative program plan for the 2004-2005 school year of one or more major comedians with a combined net cost not to exceed $75,000 per semester; one or more lecturers with a combined net cost not to exceed $75,000 per semester; and one or more major concerts with a combined net cost not to exceed $75,000 per semester.  Moved by Mr. Duggan and seconded by Mr. Franks. 

Motion passed 7-0. 

Dr. Aripoli then presented a resolution (Policies & Procedures No. 96-04) allowing an exception to our current banner policy that would allow the Child Development Center to place a banner on the exterior of the Professional Building to announce vacancies for enrollments in the Child Development Center.  This will help ensure the financial solvency of the program.  Moved by Ms. Sheid and seconded by Mr. Franks. 

Motion passed 7-0.

8.         Staff Senate Reports -- Springfield and West Plains --- Mr. Phil Nichols, Chairperson of the Staff Senate on the Springfield Campus, thanked the Student Government Association and the Board for their support of the recent student fee increase.  He also reported the Staff Senate's desire for one additional female staff representative on the Presidential search committee.

Ms. Veronica Mays, Chairperson of the Staff Advisory Council on the West Plains Campus next reported that the Board would be proud of the staff on the West Plains Campus.  The staff works very hard for the betterment of the campus.  She reported that this has been a stressful year with the Banner software implementation and the Higher Learning Commission visit but the staff has never complained. 

9.         Financial:

a.   Development Report --- Mr. Greg Onstot, Vice President for University Advancement, presented the Development Report for the nine months ending March 31, 2004.  He reported that we are up about 1,200 gifts and about $900,000 when compared with last year.  

                 He next remarked that the new Hammons Field facility is
                 spectacular.  The crowds have been phenomenal – over 9,000 on
                 opening night and over 8,000 against the University of Missouri this
                 past Wednesday. 

b.   Financial Report --- Mr. Kent Kay, Associate Vice President for Finance, presented the financial statements for the nine-month period ending March 31, 2004.  We are still right on track with our budget at this point of the year when you compare expenditures with planned expenditures.  Mr. Franks asked how the funds recently released by Governor Holden were going to be used.  Mr. Kay responded that the plan is to restore our reserves.

He next presented a resolution (Purchase Approval No. 96-04) selecting Gilmore and Bell as bond counsel for a series of bonds to be issued by the University payable from the revenues of the University's Auxiliary Enterprise System.  This bond issue would include another possible Park & Ride facility.  Moved by Mr. Duggan and seconded by Mr. Darr. 

Motion passed 7-0.

c.   Purchases & Contracts --- Mr. Kay then presented the following resolution for the Board's consideration:

Purchases exceeding $25,000 from March 19, 2004 through April 1, 2004 (Purchasing Activity Report No. 239-04).

Moved by Ms. Sheid and seconded by Mr. Duggan. 

Motion passed 7-0.

He next presented purchases exceeding $25,000 from April 2, 2004 through April 15, 2004 – those purchases that did not make the original agenda packet.  He explained in detail one of these recommendations – the award of our soft drink and related products, equipment, supplies & services campus wide contract.  He explained that there was one additional year remaining on our current contract with Pepsi Americas.  We deemed it a good idea to go ahead and rebid at this time.  This bid included the cost for the purchase of products, the commission to the University from the vendor for a full-service vending operation of the soft drink machines on campus, and contributions and enhancements.  The contract period was for ten years.  Over the ten years, the evaluation committee evaluated a net difference in favor of Pepsi Americas of $1,580,553.43.  Because of this difference, Pepsi Americas is being recommended as the winning bidder.   

Moved by Ms. Sheid and seconded by Mr. Duggan.

Mr. Carlson asked if the bidders were allowed to critique their competitor's bids.  Mr. Kay responded that this is not done but there is substantial questioning of each of the bidders by the evaluation committee.  Mr. Greg Onstot, a member of the evaluation committee, responded that after the bids were opened, each of the bidders were asked to meet separately with the evaluation committee for about one hour to review each respective bid in detail.  A representative from Ozarks Coca-Cola was in attendance and Mr. Carlson asked if she was satisfied with the whole process.  She responded that they would have liked to have been able to review the other vendor's bid but were denied.  Mr. Greg Burris, Vice President for Administration & Finance, responded that this is the same process that we use on all of our bid requests.  We do not allow one bidder to review another bidder's submission.  Mr. Carlson asked if we could delay this matter until next month since it is a very large expenditure, it is for ten years, and it was not given to the Board until this morning.  Ms. Sheid and Mr. Duggan both commented that if this is the same process that we have always followed, they did not see the need to delay.  Mr. Franks responded that this being a long-term contract is what concerns him more than anything else.  Dr. Burns asked for a vote on the motion on the floor.

Motion passed 4-2-1 (Mr. Carlson and Ms. Washington voting against; Mr. Franks abstaining).  However, since a majority of the Board (5) needs to approve expenditures of funds, this action can not go forward.

Mr. Carlson then moved the adoption of the other four purchasing matters included in this resolution (Purchasing Activity Report No. 240-04).  Seconded by Ms. Sheid.

                        Motion passed 7-0.

Mr. Greg Burris then presented a resolution (Miscellaneous No. 21-04) consenting to the granting of an alcoholic beverage license by the City of Springfield to Poppycock Pub & Grub for sale of beer, wine, and liquor.  Since this establishment at 631 S. Kimbrough is within 200 feet of the university, the majority of the board needs to approve the granting of this license.  Moved by Ms. Sheid.  Seconded by Mr. Franks.

Motion passed 7-0.

10.       Facilities and Equipment --- Mr. Greg Burris next presented the following resolutions for the Board's consideration:

Approving the April 5, 2004 Building Report (Building Report No. 133-04). 

Approving the Activity Report for the month of March 2004 (Activity Report No. 136-04).

Condensate tank replacement in tunnel near Kemper Hall (Bids & Quotations No. 1117-04); Fagan Company, low bid of $71,844 for the base bid and alternates 1, 2, and 3; total project budget established at $100,000.

Rigging repair at McDonald Hall and Arena (Bids & Quotations No. 1118-04); Kenmar Construction, Inc., only bid of $34,129; total project budget established at $55,000. 

Parking lot maintenance on the Springfield campus (Bids & Quotations No. 1119-04); Ball Paving, Inc., low bid of $34,140 for the base bid plus alternate 1; total project budget established at $65,000.

Refrigeration equipment replacement at the Blair-Shannon kitchen (Bids & Quotations No. 1120-04); Kenmar Construction, Inc., low bid of $46,255; total project budget established at $60,000.

Renovation of the restrooms in Woods House (Bids & Quotations No. 1121-04); Rich Kramer Construction, Inc., low bid of $1,695,000; total project budget established at $2,125,385.

Exterior caulking and painting of Wells House and Freudenberger House (Bids & Quotations No. 1122-04); MTS Contracting, Inc., low bid of $39,000; total project budget established at $48,500.

Engineering services in conjunction with an interior programming study for the Jordan Valley Innovation Center project (Architects & Engineers No. 585-04); Ross & Baruzzini for an hourly fee not to exceed $102,490 plus reimbursable expenses.  Additional services of up to $25,000 as described in this agreement may be authorized and approved as necessary.

Architectural services in conjunction with a study of the exterior for the Jordan Valley Innovation Center project (Architects & Engineers No. 586-04); Sapp Design Associates for an hourly fee not to exceed $12,950 plus reimbursable expenses.  Additional services of up to $5,000 as described in this agreement may be authorized and approved as necessary.

Security consulting services in conjunction with an interior programming study for the Jordan Valley Innovation Center project (Architects & Engineers No. 587-04); The Havens Group for an hourly fee not to exceed $5,000 plus reimbursable expenses.  Additional services of up to $2,000 as described in this agreement may be authorized and approved as necessary.

Testing services in conjunction with the boiler efficiency testing at the Power House (Architects & Engineers No. 588-04); Systems Testing and Analysis for a fixed fee of $4,500 plus reimbursable expenses.  Additional services of up to $2,000 as described in this agreement may be authorized and approved as necessary. 

Moved by Mr. Franks.  Seconded by Mr. Darr.

Motion passed 7-0.

11.       Human Resources ---Mr. Burris next presented the following resolutions:

Actions concerning academic employees (Human Resources No. 1128-04). 

Actions concerning non-academic employees (Human Resources No. 1129-04).

Moved by Mr. Franks.  Seconded by Ms. Sheid. 

Motion passed 7-0.

Mr. Burris next distributed a report showing how the medical and dental claims experienced so far in 2004 compares to the same time period in 2003.  The Board asked if detailed information for retiree and family claims could be provided in the future. 

12.       Unfinished Business --- Mr. Franks indicated that he just received this week the listing of faculty nominees for the Presidential Search Committee so there was not enough time for the Board to review this listing to appoint a committee at today's meeting.  We will need to consider this matter at the May meeting.

13.       Closed Meeting --- It was determined that the Board of Governors needed to meet in a closed session to consider items of business provided in the Revised Statutes of Missouri.  Dr. Burns asked if a resolution authorizing a closed meeting of the Board was prepared.  Thereupon, the following resolution was presented for consideration:

BE IT RESOLVED by the Board of Governors for the Southwest Missouri State University that a closed meeting, with closed records and closed vote, be held immediately following this April 16, 2004 meeting of the Board of Governors to consider items pursuant to:

A.        R.S.Mo. 610.021(1).  "Legal actions, causes of action, or litigation involving a public governmental body…"

B.                              B.        R.S.Mo. 610.021(2).  "Leasing, purchase or sale of real
                                 estate by a public governmental body…"

C.         R.S.Mo. 610.021(3).  "Hiring, firing, disciplining or promoting an employee of a public governmental body."

D.         R.S.Mo. 610-021(6).  "Scholastic probation, expulsion, or graduation of identifiable individuals…"

E.         R.S.Mo. 610.021(9).  "Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups;"

F.         R.S.Mo. 610.021(11) and (12).  "Specifications for competitive bidding…," and "Sealed bids and related documents…,"

G.         R.S.Mo. 610.021(13).  "Individually identifiable personnel records, performance ratings, or records pertaining to employees or applicants for employment,…"

H.         R.S.Mo. 610.021(14).  "Records which are protected from disclosure by law;"

I.          R.S.Mo. 610.021(17).  "Confidential or privileged communications between a public governmental body and its auditor,…"

                 Mr. Duggan moved the approval of the resolution and Mr. Darr
                 seconded the motion.

A roll call vote on the resolution was as follows:  those voting in favor – Governors Burns, Carlson, Darr, Duggan, Franks, Sheid, and Washington; those voting against – none.

Board President Burns declared the motion was passed 7-0.

14.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Thursday, May 13, 2004 at 1:00 p.m. on the Springfield Campus.

15.       Adjournment--- Dr. Burns adjourned the meeting at 12:20 p.m. on the motion of Mr. Duggan, the second of Mr. Darr, and the unanimous vote of the Board.

John W. McAlear
Secretary