Missouri State University

December 17, 2004

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
DECEMBER 17, 2004
 

1.                  Roll Call

Present-      Dr. Barbara Burns, President of the Board
                  Mr. Thomas Carlson, Governor
                  Mr. William Darr, Governor
                  Mr. Michael Duggan, Governor
                  Ms. Mary Sheid, Governor
                  Ms. Kelli Wolf, Student Governor
 

Absent-       Mr. Michael Franks, Vice President of the Board
                  Ms. Phyllis Washington, 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
                  Greg Burris, Vice President for Administration & Finance
                  Kent Kay, Associate Vice President for Finance
                  John 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 Parliamentary Room of the Plaster Student Union on the campus of Southwest Missouri State University in Springfield, 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 November 19, 2004.  Mr. Duggan moved to approve the minutes as presented.  Mr. Darr seconded the motion. 

Motion passed 5-0.  

4.         Report from the President --- Dr. John Keiser began his report by reviewing the Southwest Missouri State University System Fiscal Year 2006 Budget Request with the Board.  This document will be used throughout the legislative process this next year to explain our budget request.  He explained that the University supports the CBHE's operating budget recommendation for a 6.25 percent increase in the core operating budget.  Two additional FY06 requests are 1) the $475,000 in one-time funds approved for FY05 be added to the core budget in FY06; and 2) that the inequity in per-student funding be addressed so that SMSU students have support that is comparable to other students in Missouri.  This year's request of $3,310,412 is the first year of a three-year plan to provide a total increase of $9,931,236.   Dr. Keiser further explained that the budget document includes the FY06 Capital Budget Request.  The University supports the CBHE request for $48,820,416 in state appropriations to plan and construct a new facility for the Ozarks Public Health Institute.  The OPHI is twelfth on the CBHE's statewide priority list of capital projects.  The state appropriation would be matched with $12,205,104 in local funds, giving a total project cost of $61,025,520.  

Dr. Keiser then distributed a listing of our 2005 legislative session goals: 

*    The CBHE's recommendation for a 6.25 percent increase in the core operating budget for FY06, which would increase SMSU's core appropriation from $79,820,971 to $84,808,427.

*    The CBHE's proposal to increase need-based financial aid by $25,000,000.

*     That the $475,000 in one-time funds approved for FY05 be
      added    to the SMSU core budget for FY06.

*     That the inequity in per-student funding be addressed so that
      SMSU students have support that is comparable to other students
      in Missouri.

*     The CBHE request for $48,820,416 in state appropriations to plan
      and construct a new facility for the Ozarks Public Health Institute.

*     The initiative to change the name of the institution to "Missouri
      State University."

Board President Burns asked for a motion to approve these goals.  So moved by Ms. Sheid and seconded by Mr. Duggan.

Motion passed 5-0.

Dr. Keiser commented that internal budget discussion has begun and we will include three scenarios - the state appropriation being increased by: 1) the recommended 6.25%; 2) 2.50%; and 3) no increase. 

He then distributed a resolution (Agreement No. 148-04) authorizing him to execute on behalf of the Board a building lease agreement in the Washington D.C. area to accommodate relocation of the Department of Defense and Strategic Studies (DSS).  Dr. Lorene Stone, Dean of the College of Humanities and Public Affairs, then brought the Board up to date on how the administration arrived at today's proposal.  She explained that the lease would be a ten-year lease for about 5,000 square feet of space at an approximate cost of $148,550 per year.  Student tuition, a new fee that will be proposed in the spring and $300,000 in external funding will pay for the estimated costs of the DSS program.  She added that there is a tremendous amount of external support for the DSS program and its move to Washington D.C.  Mr. Carlson asked if there was an exit strategy if the program does not make it in Washington D.C. as far as being able to sublease the space.  Dean Stone responded that the space should be able to be subleased if need be.  Motion made by Mr. Duggan with the second being provided by Mr. Darr.
 
Motion passed 5-0. 
 
Dr. Keiser then distributed a copy of an agreement for a student exchange program between SMSU and National Sun Yat-Sen University, Kaohsiung, Taiwan.  Moved by Ms. Sheid.  Seconded by Mr. Darr.

Motion passed 5-0.

Dr. Keiser ended his report by mentioning that on February 24, 2004, a fundraising dinner for applied consumer sciences will be hosted in the Professional Building and that the serving of wine is requested.  This takes Board approval.  So moved by Ms. Sheid and seconded by Mr. Darr.
 
Motion passed 5-0.

5.         Educational:

a.   Faculty Senate Report --- Dr. Lois Shufeldt, Chairperson for the Faculty Senate, reported that the Senate Action regarding the provost model is now on Dr. Bruno Schmidt's desk – he has ten days to respond and then it goes on to Dr. Keiser who has twenty days to respond.  At the December 9th meeting of the Senate, a Senate Action passed endorsing a differential fee structure.     

b.   Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, reporting that they are having ongoing discussions with the Forest Institute of Professional Psychology about merger possibilities. 

6.         West Plains Campus:

a.   Report from the West Plains Campus --- Mr. Kent Thomas, Chancellor of the West Plains Campus, presented the following resolution for the Board's consideration:

     Approval of actions concerning non-academic employees of the West Plains Campus (West Plains Personnel No. 228-04). 

Moved by Mr. Duggan.  Seconded by Mr. Darr. 

Motion passed 5-0. 

7.         Student Affairs:

a.   Report from Student Body President --- Mr. Chris Curtis, President of the Student Body, announced that the Senior Class project will be a stained glass window that will be placed in the Plaster Student Union that will depict scenes from each decade in the United States history since SMSU was first established.  He next reported that he did not think a proposed new grading system with pluses and minuses will be supported by the students.  He does not think there is a grade inflation problem at SMSU – the quality of students has improved over the last several years so you should expect higher grades by students.  

b.   Report from Vice President for Student Affairs--- Dr. Don Aripoli, Vice President for Student Affairs, reported that 140 students applied for the Centennial Leaders Scholarship Program - 80 applied between 4:00 p.m. and midnight on the deadline day. 

8.         Staff Senate Report --- Mr. Phil Nichols, Chairperson of the Staff  Senate, reported that the Staff Senate's budget recommendations for FY06 include: 1) an increase in the vacation accrual rate; 2) a change to the University's flextime policy; 3) establishment of a short term disability fund; and 4) an increase in tuition fee waivers.   

General Fred Marty, Associate Vice President for Administration, next presented a resolution (Human Resources No. 1154-04) approving an offer of commendation to Phil Nichols for service as Staff Senate Chair.  Moved by Mr. Duggan and seconded by Mr. Darr. 

Motion passed 5-0. 

9.         Finance:

a.   Development Report --- Mr. Greg Onstot, Vice President for University Advancement, presented the Development Report for the five months ending November 30, 2004 that showed this November was not nearly as good a month as November of 2003.  One explanation for this was that Ozarks Public Television decided to perform only a Spring auction rather than a Fall and a Spring auction.  Year-to-date numbers show that we are down about 1,000 gifts and $179,000. 

b.   Purchases & Contracts --- Mr. Kent Kay, Associate Vice     President for Finance, presented the following resolutions for the Board's consideration: 

Purchases exceeding $100,000 from November 18, 2004 through December 3, 2004 (Purchasing Activity Report No. 255-04). 

Purchases exceeding $100,000 from December 6, 2004 through December 15, 2004 (Purchasing Activity Report No. 256-04). 

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

Motion passed 5-0. 

Mr. Kay next presented a resolution (Policies & Procedures No. 104-04) approving the implementation of a pilot procurement card program.  This should improve our small dollar purchasing procedures.  This will add some additional controls to the process and reduce the number of checks written.  Moved by Mr. Duggan and seconded by Mr. Darr. 

Motion passed 5-0. 

Mr. Kay then presented a resolution (Purchase Approval No. 99-04) approving the out-sourcing of Vending Machine Services (coffee, snack, and cold and frozen food only) to Canteen Vending in accordance with bid specifications.  Over the last two years, the average net profit was about $8,000 per year on sales of about $446,875 per year.  There is no one else in the city of Springfield that is trying to maintain these types of machines themselves.  The proposals that were submitted to our Request for Proposal resulted in that, with Canteen Vending, we can have a guarantee of 20% of gross sales with a yearly minimum of $75,000.  They will also pay us a bonus of $100,000 up front.  They will be utilizing our machines. 

Moved by Mr. Duggan and seconded by Mr. Darr. 

Motion passed 5-0. 

Mr. Kay next presented a resolution (Finance No. 981-04) approving the selection of a bond underwriter.  We will be refunding two of our existing bond issues and we need to issue bonds as a source of financing our new Intermodal Transfer Facility.  We received five proposals with Edward Jones proving the best proposal. Moved by Ms. Sheid.  Seconded by Mr. Duggan. 

Motion passed 5-0.   

Mr. Greg Burris, Vice President for Administration & Finance, next presented the following resolution: 

Approval of a sublease agreement with the Urban Districts Alliance (UDA) for warehouse space in downtown Springfield (Agreement No. 149-04) - this warehouse will be used to store the surplus property and financial records that have been stored in the warehouse on a Scenic Avenue property that is being sold. The annual cost of the lease commencing January 1, 2005 through December 31, 2007 will be $15,006 per year.  Mr. Carlson commented that he has no interest in the Scenic property but the University is selling it to a partner of his.  He asked Mr. John Black, General Counsel, if he could vote on this resolution.  Mr. Black responded that he saw no conflict and that Mr. Carlson could vote on this matter.  Moved by Mr. Darr and seconded by Mr. Duggan. 

Motion passed 5-0. 

Mr. Burris then presented the following resolutions for the Board's consideration: 

Approval of a "no-cost" parking lot lease agreement with Missouri Department of Labor and Industrial Relations (Agreement No. 150-04).  This is for the use of 20 parking spaces located on McDaniel Street (right next to the Meyer Alumni Center Parking Garage). 

Consent to the granting of an alcoholic beverage license by the City of Springfield to Vignerons, LLC for sale of beer, wine, and liquor (Miscellaneous No. 22-04).  Vignerons, LLC is located at 320 E. Walnut, which is within 200 feet of our campus, so we must consent to them receiving an alcoholic beverage license. 

Moved by Ms. Sheid.  Seconded by Mr. Duggan. 

Motion passed 5-0. 

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

Approving the Activity Report for the month of November 2004 (Activity Report No. 144-04). 

Construction materials testing services in conjunction with the construction of the Intermodal Transfer Facility (Architects & Engineers No. 605-04); Palmerton & Parrish, Inc, for a cost not to exceed $144,327 plus reimbursable expenses.  Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary. 

Moved by Mr. Darr and seconded by Mr. Duggan. 

Motion passed 5-0. 

11.       Human Resources --- Mr. Burris then presented the following resolutions for the Board's consideration: 

Actions concerning academic employees (Human Resources No. 1155-04). 

Actions concerning non-academic employees (Human Resources No. 1156-04). 

Moved by Ms. Sheid.  Seconded by Mr. Duggan. 

Motion passed 5-0. 

12.       Unfinished Business --- Dr. Keiser announced that there is a Centennial project regarding the placement of a one-room schoolhouse on campus.  This is to commemorate the way things were and to have people experience that.  We have donors and others lined up that are committed to this project.  The location has been a key question – an agreement could not be reached so he picked its location as immediately west of the west wing of Greenwood.                   

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 December 17, 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 Ms. Sheid
                 seconded the motion. 

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

Board President Burns declared the motion was passed 5-0. 

14.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for January 21, 2005. 

15.       Adjournment--- Dr. Burns adjourned the meeting at 10:40 a.m. on the motion of Ms. Sheid, the second of Mr. Darr, and the unanimous vote of the Board.