Missouri State University

July 30, 2010

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

JULY 30, 2010

 

1.                  Roll Call

Present-     Ms. Elizabeth Bradbury, Governor

Mr. Michael Duggan, Governor

Mr. Gordon Elliott, Governor

Mr. Brian Hammons, Chair of the Board

Mr. Brandt Shields, Student Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Vice-Chair of the Board

Mr. John Winston, Governor

Absent-      Mr. Orvin Kimbrough, Governor

                  Ms. Mary Sheid, Governor

Also

Present-     Michael Nietzel, President

                  Drew Bennett, Chancellor of the West Plains Campus

Earle Doman, Vice President for Student Affairs and Dean of Students

Ken McClure, Vice President for Administrative and Information Services

Jim Baker, Vice President for Research and Economic Development

Belinda McCarthy, Provost

Nila Hayes, Chief Financial Officer

Brent Dunn, Vice President for University Advancement

Clifton Smart, General Counsel

 John McAlear, Secretary of the Board

 

2.                     Presiding --- The presiding officer for the meeting was Mr. Brian Hammons, Chair of the Board of Governors.  He called the meeting to order at 10:00 a.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

3.                  Approval of Minutes:

a.      Board of Governors’ Meetings --- Mr. Hammons asked for a motion for the approval of the minutes for the open and closed meetings of June 18, 2010.  Mr. Duggan so moved, receiving the second of Ms. Bradbury.

Motion passed 7-0.

b.      Executive Committee Meeting – Mr. Hammons next asked for a motion for the approval of the minutes for the open Executive Committee meeting of July 23, 2010.  Ms. Washington so moved, receiving the second of Mr. Elliott.

Motion passed 3-0 (Mr. Duggan, Mr. Elliott, and Ms. Washington voting).

4.                  Consent Agenda --- Mr. Hammons noted that the next item of business on the agenda was the approval of the Consent Agenda for this meeting.  The items included in the Consent Agenda are:

July 23, 2010, Executive Committee Meeting

The approval of the final terms of Auxiliary Enterprise System Revenue Bonds ($46,370,000) to be issued by the University (Finance No. 1011-10).

The approval of the final terms of Educational Facilities Revenue Bonds ($10,220,000) to be issued by the Missouri Health and Educational Facilities Authority on behalf of the University (Finance No. 1012-10).

Approval of contract for renewal for Self-Insured PPO Network Access with St. John’s (Purchase Approval No. 120-10).        

West Plains Campus

Approval of Activity Report dated July 9, 2010 (West Plains Campus Activity Report No. 83-10).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 313-10).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period June 5, 2010, through July 16, 2010 (Purchasing Activity Report No. 349-10).

Facilities and Equipment

Approval of Activity Report for the month of June 2010 (Activity Report No. 211-10).

Laboratory Infill on the Second Floor of Buildings 3 & 5 at the Jordan Valley Innovation Center (Bids & Quotations No. 1333-10); DeWitt & Associates, Inc., low bid of $745,300 for the base bid plus alternates 1 and 2; total project budget set at $918,100.

The awarding of a contract for FY11 Job Order Contracting Services – Mechanical Repair & Replacement (Bids & Quotations No. 1334-10); WMC, Inc., maximum amount for the fiscal year of $200,000 and maximum amount per project of $95,000.  The contract includes an option to renew for two additional consecutive fiscal years.

Approval to increase the project budget for the exterior entrance repairs at Ellis Hall (Bids & Quotations No. 1335-10).  The $20,000 increase brings the new project budget total to $72,000.

The installation of a new emergency generator at Cheek Hall (Bids & Quotations No. 1336-10); DeWitt & Associates, Inc., low bid of $182,800; total project budget established at $225,000.

Professional services in conjunction with the addition to the Physical Therapy Building (Architects & Engineers No. 658-10); Hastings + Chivetta Architects, Inc., for a fixed fee of $120,000 plus reimbursable expenses.  Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary.

Professional services in conjunction with the exterior repairs to Hutchens House, Garst Cafeteria, Hammons House and Freudenberger House (Architects & Engineers No. 659-10); Structural Engineering Associates, Inc., for a fixed fee of $320,400 plus reimbursable expenses.  Additional services of up to $40,000 as described in this agreement may be authorized and approved as necessary.

The climbing wall system at the University Recreation Center (Bids & Quotations No. 1337-10); Entre Prises, best value of $229,759 for the base bid plus the outdoor bouldering element; total University Recreation Center budget set at $29,694,933.

The granting of temporary construction easements to the City of Springfield for the redesign and construction of the intersection at National Avenue and Monroe Street (Land No. 100-10).

Adoption of a Governing Policy on Information Security, G12.01 (Board Policies No. 64-10).

Human Resources Items

Actions concerning academic employees (Human Resources No. 1325-10).

Actions concerning non-academic employees (Human Resources No. 1326-10).

Mr. Winston made a motion to approve the Consent Agenda receiving a second from Mr. Duggan.

Motion passed 7-0.

5.                  President’s Report --- Dr. Michael Nietzel, President, first reported that the initial meeting of the Economic Development Strategic Planning Committee took place yesterday in Columbia and the second meeting will be on the Missouri State University campus in Springfield on August 24, 2010.  Their plan is due by the end of this calendar year and will have consequences for Higher Education.  He also reported that a Tax Credit Review Commission has been appointed to review Missouri’s 61 different tax credit programs and to make recommendations.

Dr. Nietzel then commented on the Consent Agenda just approved and the Board’s ratification of the two bond issues which were acted upon by the Executive Committee last Friday.  Of the $56 million in bonds approved, $21 million represents a refinancing of existing bonds which will save the University about $800,000 over the next seven years.  Regarding the new $24 million in Auxiliary Enterprise System Bonds, we will save about $9.4 million in debt service from what we had budgeted about five months ago – about $375,000 annually.  The debt service savings on the $10 million bond issue for educational facilities approximates $3.7 million or $150,000 annually.  He explained that we were very fortunate to catch interest rates at a very good time – the budget had called for them at 5% and they came in under 4%.

6.         Academic Affairs:

a.   Academic Affairs Committee Report --- Ms. Bradbury, Chair of the Academic Affairs Committee, reported that their meeting today dealt with issues relating to our faculty – who they are and how they spend their time.  She added that Dr. Rebecca Woodard gave an excellent presentation on the Faculty Senate and its organization.

b.   Faculty Senate Report --- Dr. Rebecca Woodard, Chairperson for the Faculty Senate, reported that the Faculty Senate has not met this Summer but she expressed her appreciation for being able to report on the Faculty Senate at the Academic Affairs Committee this morning.

c.   Report from the Provost --- Dr. Belinda McCarthy, Provost, presented the following resolution for the Board’s consideration:

      Approving the change in the name of the Department of Criminology to the Department of Criminology and Criminal Justice (Curriculum No. 337-10).

      Moved by Mr. Duggan.  Seconded by Ms. Bradbury.

      Motion passed 7-0.

7.         Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that the FY10 Sponsored Research & Programs end-of-the-year report shows that we did exceed $20 million for the fifth straight year.  

8.         West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that they have had mixed results from some recent employment searches – they have been able to fill two key positions while two other searches have failed due to the low salary offered.  He added that for the second consecutive year, the Chronicle of Higher Education has selected Missouri State University-West Plains as a great college to work for.  He next reported on two facility renovation projects completed this past year – the Putnam Student Center and the Drago Book Store.  He added that Ms. Vivian Drago, whose generosity made their Book Store possible, died this week.  He mentioned that they are in the process of vacating Looney Hall to renovate this structure.

9.         Student Affairs:

a.   Student Affairs Committee Report --- Ms. Cathy Smith, Chair of the Student Affairs Committee, reported that they heard an excellent report this morning on the status and possible future plans for our residence halls.

b.   Report from Student Body President --- Mr. Jacob Swett, President of the Student Body, gave a short report to the Board, including SGA’s involvement in the SOAR program, and updates on the SGA new website and logo.  

c.       Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that they are in an overflow situation in their residence halls for the Fall semester.  It appears we will exceed our goal for new freshmen. 

He then presented a resolution (Awards No. 37-10) for the approval of an honorary, undergraduate degree upon Mary Jean Price Walls.  Ms. Walls was the first African American citizen to apply for admission to Southwest Missouri State College (now Missouri State University) sixty years ago for the fall of 1950.  She was denied admission due to the State of Missouri “separate but equal” laws which required students of color to attend the State’s black college, Lincoln University.  This long over-due recognition not only honors and acknowledges her, but will symbolize her belief, along with the commitment of Missouri State University, that the University will serve and provide educational opportunities for all citizens.

Moved by Mr. Elliott, receiving the second of Mr. Duggan.

Motion passed unanimously (7-0).

10.       Staff Senate --- Ms. Tabitha Haynes, Chairperson of the Staff Senate, introduced herself and announced that Michael Frizell is the new Chair-elect, Janelle Melton is the new Secretary, and Marian Green is the new Parliamentarian.

11.       Financial:

a.   Finance Committee Report --- Mr. Gordon Elliott, Chair of the Finance Committee, reported that in their meeting this morning, they discussed the FY12 appropriation cuts, covered the current bond issues, and touched on the federal mandates and increasing costs of our health care benefits.

b.   Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that they had a very good month in June resulting in FY10 being the third consecutive year to break a record in gifts received.  We received $15.5 million this year.

c.   Financial Report --- Ms. Nila Hayes, Chief Financial Officer, presented a resolution (Purchasing Activity Report No. 350-10) including items exceeding $100,000 for the period of July 17, 2010, through July 27, 2010.  

Moved by Ms. Bradbury.  Seconded by Mr. Duggan.

Motion passed 7-0.

12.       Facilities & Equipment --- Mr. Ken McClure, Vice President for Administrative and Information Services, presented the following resolutions for the Board’s consideration:

            Architectural and engineering services needed in conjunction with the phase II renovation of the Robert W. Plaster Center for Free Enterprise and Business Development (Architects & Engineers No. 660-10); Gaskin Hill Norcross (GHN), for a fixed fee of $385,000 plus reimbursable expenses.  Additional services of up to $50,000 as described in this agreement may be authorized and approved as necessary.

            Approval of consultant and authority to enter into an agreement for commissioning services with a commissioning authority in conjunction with the University Recreation Center (Architects & Engineers No. 661-10); KJWW Engineering Consultants, for a not-to-exceed fee of $120,000 plus reimbursable expenses.  Additional services of up to $30,000 as described in this agreement may be authorized and approved as necessary.

            Approval of an Intergovernmental Agreement for Law Enforcement Services provided by the City of Springfield at a cost of $673,312 (Agreement No. 253-10).

            Moved by Mr. Elliott and seconded by Mr. Winston.

            Motion passed 7-0.

13.       Human Resources --- Mr. McClure next presented the following resolutions for the Board’s consideration:

            Approval of amendment to Memorandum of Agreement between the University and the International Brotherhood of Electrical Workers, AFL-CIO Local Union 453 (Agreement No. 254-10).

            Approval of amendment to Memorandum of Agreement between the University and the Teamsters, Local Union 245, an affiliate of the International Brotherhood of Teamsters (Agreement No. 255-10).

            Moved by Mr. Duggan, receiving the second of Ms. Bradbury.

            Motion passed 7-0.

14.       New Business --- Mr. Hammons next commented that it is time to elect officers of the Board of Governors for the next year.  Mr. Duggan then nominated the following slate of officers:

            Chair                      Ms. Elizabeth Bradbury

            Vice-Chair             Mr. Gordon Elliott

            Secretary                Mr. John McAlear

            Treasurer                Ms. Nila Hayes

            Mr. Winston seconded the recommended slate of officers.  With no other nominations being offered, Mr. Hammons asked for a vote of the recommended slate.

            Nominations passed unanimously.

            Ms. Bradbury then announced that the membership for the three subject-matter committees will remain the same as this past year.  They are:

            Academic Affairs:  Brian Hammons (Chair), Michael Duggan, and Elizabeth Bradbury

            Student Affairs:  Cathy Smith (Chair), Mary Sheid, Brandt Shields, and Phyllis Washington

            Finance:  Gordon Elliott (Chair), Orvin Kimbrough, and John Winston

            Ms. Bradbury announced that Ms. Mary Sheid will be the Board’s liaison to the Missouri State University Foundation.

            She then proposed the following membership for the Executive Committee – Mr. Elliott, Ms. Smith, and Mr. Hammons.  Mr. Duggan so moved, receiving the second of Mr. Hammons.

            Motion passed 7-0.

            Ms. Bradbury then invited everyone to the Legacy Wall outside the Plaster Student Union for a presentation to Dr. Nietzel between the closed meeting and commencement.

15.       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.  Ms. Bradbury 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 immediately following this July 30, 2010, meeting of the Board of Governors to consider items of business 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(3).  “Hiring, firing, disciplining or promoting of particular employees by a public governmental body…”

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

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

A roll call vote on the resolution was as follows:  those voting in favor – Governors Bradbury, Duggan, Elliott, Hammons, Smith, Washington, and Winston; those voting against – none; those absent – Governors Kimbrough and Sheid.

Ms. Bradbury declared the resolution passed unanimously.

16.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, October 22, 2010, at 10:00 a.m. on the Springfield Campus.

17.       Adjournment--- Ms. Bradbury adjourned the meeting at 11:00 a.m. on the motion of Mr. Duggan, the second of Mr. Hammons, and the unanimous vote of the Board.

John W. McAlear

Secretary