February 10, 2006

MINUTES OF THE BOARD OF GOVERNORS
MISSOURI STATE UNIVERSITY
February 10, 2006 

1. Roll Call
Present- Mr. Michael Duggan, Governor (by conference call)
Mr. Michael Franks, President of the Board
Ms. Mary Sheid, Vice President of the Board
Mr. Ryan Sivill, Student Governor
Ms. Phyllis Washington, Governor (by conference call)
Mr. John Winston, Governor (by conference call)

Also
Present- Michael Nietzel, President
Kent Thomas, Chancellor of the West Plains Campus (by conference call)
Greg Burris, Vice President for Administrative and Information Services
Greg Onstot, Vice President for University Advancement
Frank Einhellig, Acting Provost
Don Aripoli, Vice President for Student Affairs
Kent Kay, Chief Financial Officer
John Black, General Counsel
John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Mr. Michael Franks, President of the Board of Governors. He called the meeting to order at 9:00 a.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

3. Minutes --- Mr. Franks noted that the first item of business on the agenda was the approval of the minutes submitted by the Secretary for the open regular meeting of December 16, 2005 and the open and closed special meetings of December 20, 2005. Ms. Sheid moved to approve the minutes as presented. Mr. Duggan seconded the motion.

Motion passed 5-0.

4. West Plains Campus --- Mr. Kent Thomas, Chancellor of the West Plains Campus, presented a resolution (West Plains Campus Administration No. 10-06) adding Suzanne Ingram, Acting Director of Business & Support Services, as a signatory on checks on the bank accounts at the Community First National Bank of West Plains. The resolution also removes Garry Sorrell as an authorized signatory.

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

Motion passed 5-0.

5. Financial:
a. Purchases & Contracts --- Mr. Kent Kay, Chief Financial Officer, next presented the following resolution for the Board's consideration:

Purchases exceeding $100,000 from December 16, 2005 through January 30, 2006 (Purchasing Activity Report No. 277-06). These two purchasing actions had been pre-approved by Mr. Franks on January 23, 2006.

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

Motion passed 5-0.

He then presented the following resolution for the Board's consideration:

Purchases exceeding $100,000 from January 31, 2006 through February 9, 2006 (Purchasing Activity Report No. 278-06). The one item on this report was an EnLight™ Optical Digital Signal Processor for the Center for Applied Science and Engineering at an estimated cost of $230, 250.

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

Motion passed 5-0.

6. Facilities and Equipment --- Mr. Greg Burris, Vice President for Administrative and Information Services, presented the following resolutions for the Board's consideration:

Approving the Activity Report for the month of December 2005 (Activity Report No. 157-06).

The fourth floor renovation of the Meyer Alumni Center (Bids & Quotations No. 1167-06); Kenney-Hall Construction Company, low bid of $310,960 for the base bid plus alternates one and two; total project budget established at $478,210. In order to meet a time line for completion of this work, Mr. Franks granted approval of this award on January 23, 2006.

The renovation of the second floor conference room in Carrington Hall (Bids & Quotations No. 1168-06); Kenney-Hall Construction Company, low bid of $50,500 for the base bid; total project budget set at $129,500. Mr. Franks also approved this award on January 23, 2006 so that work could begin on the project.

Engineering services in conjunction with the exterior repairs of Carrington Hall (Architects & Engineers No. 614-06); Structural Engineering Associates Incorporated, for a lump sum fee of $53,046 plus reimbursable expenses. Additional services of up to $17,000 as described in this agreement may be authorized and approved as necessary.

Engineering services in conjunction with replacement of the fuel oil tanks at the Power House (Architects & Engineers No. 615-06); RMF Engineering, Inc., for an hourly fee not to exceed $47,500 plus reimbursable expenses. Additional services of up to $15,000 as described in this agreement may be authorized and approved as necessary.

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

Motion passed 5-0.

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

Actions concerning academic employees (Human Resources No. 1194-06).

Actions concerning nonacademic employees (Human Resources No. 1195-06).

Approving numerous revisions to the University's medical insurance plan (Human Resources No. 1196-06). Mr. Franks had verbally approved this resolution on January 23, 2006.

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

Motion passed 5-0.

8. 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. Mr. Franks 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 Missouri State University that a closed meeting, with closed records and closed vote, be held following this February 10, 2006 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. 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 Duggan, Franks, Sheid, Washington, and Winston; those voting against – none.

Mr. Franks declared the resolution passed unanimously.

During the closed session, after discussion involving University General Counsel and Bond Counsel, the Board of Governors unanimously (members Duggan, Franks, Sheid, Washington, and Winston voting in favor) approved a contract negotiated with the John Q. Hammons Revocable Trust, the Missouri State University Foundation, and the Board of Governors as parties, titled Agreement for the Making and Accepting of a Charitable Gift involving the gift thereafter announced regarding construction of a new university arena.

9. Date of Next Meeting --- The date of the next scheduled meeting was set for March 10, 2006, on the West Plains Campus.

10. Adjournment--- Mr. Franks adjourned the meeting at 9:10 a.m. on the motion of Ms. Sheid, the second of Mr. Duggan, and the unanimous vote of the Board.


John W. McAlear
Secretary