Missouri State University

June 18, 2010

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

JUNE 18, 2010

 

 1.                  Roll Call

Present-     Ms. Elizabeth Bradbury, Governor

Mr. Michael Duggan, Governor

Mr. Brian Hammons, Chair of the Board

Mr. Orvin Kimbrough, Governor (by conference call)

Ms. Mary Sheid, Governor

Mr. Brandt Shields, Student Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Vice-Chair of the Board

Mr. John Winston, Governor

 

Absent-      Mr. Gordon Elliott, 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 May 3, 2010, May 6, 2010, May 10, 2010, May 11, 2010, May 13 (noon), 2010, and May 13 (3:00 p.m.), 2010.  Mr. McAlear, Secretary of the Board, explained the need for a small correction to the May 13, 2010 (3:00 p.m.) open meeting to reflect that Ms. Ashley Hoyer had attended the meeting.  Ms. Sheid so moved, receiving the second of Ms. Bradbury.

Motion passed 8-0.

  b.      Executive Committee Meetings – Mr. Hammons next asked for a motion for the approval of the minutes for the open Executive Committee meeting on May 28, 2010.  Mr. Duggan so moved, receiving the second of Ms. Washington.

Motion passed 3-0.

  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:

May 28, 2010, Executive Committee Meeting

The installation of new field lighting at Plaster Sports Complex (Bids & Quotations No. 1325-10); All Purpose Erectors, Inc., low bid of $377,786 for the base bid plus alternate one; total project budget set at $450,000.     

West Plains Campus

Approval of Activity Report dated June 1, 2010 (West Plains Campus Activity Report No. 82-10).

Approval of designation of signatory to checks on bank accounts of Missouri State University-West Plains (West Plains Administration No. 13-10).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 311-10).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 312-10).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period May 13, 2010, through June 4, 2010 (Purchasing Activity Report No. 348-10).

Facilities and Equipment

Approval of Activity Report for the month of April 2010 (Activity Report No. 209-10).

Approval of Activity Report for the month of May 2010 (Activity Report No. 210-10).

Repair of the penthouses at Craig Hall (Bids & Quotations No. 1326-10); MTS Contracting, only bid of $98,000 for the base bid; total project budget set at $155,000.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1320-10).

Actions concerning non-academic employees (Human Resources No. 1321-10).

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

Motion passed 8-0.

5.         President’s Report --- Dr. Michael Nietzel, President, first reported that Mr. David Russell has been appointed as the Interim Commissioner for Higher Education beginning July 1, 2010.  He next reported that the Missouri Higher Education Loan Authority Board has established a need-based $30 million scholarship fund for Missouri students.  He also reported that Governor Nixon announced additional FY2011 budget cuts that include about $54 million in scholarships for higher education students.  The new $30 million MOHELA scholarship fund will soften this cut a little for FY2011.     

He next presented a resolution (Gifts No. 157-10) naming the Willow Brook facility the Robert W. Plaster Center for Free Enterprise and Business Development recognizing the major charitable gift received from the Robert W. Plaster Foundation in support of the Willow Brook facility.  Moved by Mr. Duggan and seconded by Ms. Sheid.

Motion passed 8-0.

Dr. Nietzel then  reported that this is the month to renew our contract with Patton Boggs LLP for governmental consulting services at the federal level.  They have done an excellent job and have agreed to renew at no increase for the second straight year.  This action was listed in the Procurement Services section of the Consent Agenda even though the amount is under the level at which Board approval is necessary.  He then presented a resolution (Agreement No. 250-10) approving a twelve-month extension of the consultation agreement with Jerry Burch as legislative consultant to the University at the state level at the same amounts as this past year.  Moved by Mr. Winston.  Seconded by Ms. Washington.

Motion passed 8-0.

Dr. Nietzel then presented a resolution (Finance No. 1007-10) approving the FY2011 Internal Operating Budget consisting of $160,041,195 in estimated operating revenues, $232,581,164 in estimated operating expenditures, $97,556,639 in estimated non-operating revenues, $19,965,220 in estimated non-operating expenses, and $1,879,688 in estimated non-recurring budget allocations.  The budgeted increase in Total Net Assets for FY2011 is $5,051,450 with the following breakdown:  Operating Fund - $745,923; Designated Funds – $(246,256); Auxiliary System Fund - $3,560,422; Restricted Funds - $173,920; West Plains Campus - $164,641; and the Branch Campus in Dalian China - $652,800.  Mr. Winston, Chair of the Finance Committee, commented that this budget was extraordinarily conceived and recommended approval.  Motion made by Ms. Sheid and seconded by Mr. Winston.

Motion passed 8-0.   

6.         Academic Affairs:

a.   Academic Affairs Committee Report --- Ms. Bradbury, Chair of the Academic Affairs Committee, reported that the bulk of their meeting was on hearing the results of seven different Academic Program Reviews.

b.   Faculty Senate Report --- Dr. Rebecca Woodard, Chairperson for the Faculty Senate, thanked Dr. Belinda McCarthy for her efforts this summer in getting faculty involved in the Long-Range Plan development process.

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

      Approving revisions to Sections 5.9, 5.10, and 14.3 of the Faculty Handbook (Faculty Policies No. 124-10).  These changes provide for greater flexibility in setting faculty compensation in summer sessions and intersession periods when minimum enrollment guidelines are not met as well as in setting emeritus faculty member compensation when minimum enrollment guidelines are not met.

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

Motion passed 8-0.

Dr. McCarthy explained that the other resolution approving a revision to the Faculty Handbook that was included in the original agenda will not be presented today.  This revision was to allow faculty who work on accreditation reports to include this activity within the context of research for tenure and promotion.  This will undergo further study.

7.         Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that, through the eleven months ending on May 31, 2010, we are slightly ahead of last year at this time in total dollars received. 

            He then presented a resolution (Agreement No. 251-10) ratifying an agreement with Hainan University, Hainan Province, People’s Republic of China.  Moved by Ms. Sheid and seconded by Ms. Smith.

            Motion passed 8-0.

8.         West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that their 2010 summer session enrollment is up 21% over last summer’s enrollment.  He also reported that their Annual Fund Campaign has raised, to date, about $83,000 which is a 64% over last year.

9.         Student Affairs:

a.   Report from Student Body President --- Mr. Jacob Swett, President of the Student Body, reported that they are currently in the process of redeveloping their entire website to better display their content and to be more transparent.  He added that their current logo is not in compliance with identity standards.  They are working very conscientiously to create a logo that is compliant and is an accurate representation of the organization.

b.      Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that next month, there will be a resolution to award an honorary undergraduate degree to Mary Jean (Price) Walls, the first African American to apply for admission to Southwest Missouri State College in 1950, who was denied access. 

He next gave a report on Fall 2010 application numbers.  He commented that we have already exceeded last year’s Freshmen applications.  He added that minority applications and admits are up compared to last year. 

10.       Financial:

a.   Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that through the eleven months ended May 31, 2010, we are down about $365,000 in total gifts received when compared to the same time period last year. 

He then presented the following resolutions for the Board’s consideration;

Approval of additional fringe benefits to be funded by the University or the Missouri State University Foundation (Human Resources No. 1322-10).

Approval of rental rates for space in the Kenneth E. Meyer Alumni Center for various university departments and offices (Agreement No. 252-10).

Motion made by Ms. Smith, receiving the second of Mr. Winston.

Motion passed 8-0.

b.   Financial Report --- Ms. Nila Hayes, Chief Financial Officer, first introduced Mr. Rick Wright, of Gilmore & Bell, P.C., our Bond Counsel, and Ms. Kate DeProsperis (on conference call), of Edward D. Jones & Co., L.P., our Underwriter, for the upcoming proposed bond issue.  She first presented a resolution (Finance No. 1008-10) for authorizing the Issuance by MoHEFA for Missouri State University of the Proceeds of an Issue of Educational Facilities Revenue Bonds.  This resolution authorizes the Executive Committee to act for the Board on the day the rates are set for the bonds.  These bonds are for the improvements to academic facilities, are not to exceed $12 million, and shall bear interest at a true interest cost not to exceed 5.00%.

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

      Motion passed 8-0.

She next presented a resolution (Finance No. 1009-10) for authorizing and directing the issuance of Auxiliary Enterprise System Revenue Bonds.  Again, this resolution authorizes the Executive Committee to act for the Board.  This issue is not to exceed $55 million, including three series – A, B, & C and would include a refunding of the current 2005 Bond issue as long as it is to the economic advantage to do so.  This would also include a cap of a 5% interest rate.

Moved by Mr. Winston.  Seconded by Ms. Smith.

Motion passed 8-0.

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

            Building repairs at Freudenberger House (Bids & Quotations No. 1327-10); MTS Contracting, low bid of $229,200; total project budget set at $290,000.

            Replacement of the Sound System and Scoreboard at Hammons Student Center (Bids & Quotations No. 1328-10); Audio Acoustics, Inc., only bid received of $441,570 for the base bid, alternate one and five clocks; total project budget set at $530,000.

            Architectural and engineering services needed in conjunction with the Student Recreation Center, West Plains Campus (Architects & Engineers No. 657-10); Dake Wells Architecture, for a fixed fee of $136,780 plus reimbursable expenses.  Additional services of up to $20,000 as described in this agreement may be authorized and approved as necessary.

            The awarding of a contract for the FY11 Job Order Contracting Services – Minor Construction Projects (Bids & Quotations No. 1329-10); Bales Construction Company, Inc., maximum amount for the year of $300,000 and maximum amount per project of $50,000.  This contract is for the period of July 1, 2010, through June 30, 2011, and includes the option to renew for two additional consecutive fiscal years.

            Approval of the 2009 Greene County Multi-Jurisdictional Hazard Mitigation Plan (Administration No. 20-10).

            Approval of the FY12 Capital Appropriations Request (Finance No. 1010-10).

            Approval of the first renewal of the contract for FY10 Job Order Contracting Services – Electrical Repair & Replacement (Bids & Quotations No. 1330-10); Melton Electric Co., maximum amount for the year of $200,000 and maximum amount per project of $95,000.  This renewal is for the period of July 1, 2010, through June 30, 2011.

            Approval of the first renewal of the contract for FY10 Job Order Contracting Services – Insulation Repair & Replacement (Bids & Quotations No. 1331-10); HTH Companies, Inc., maximum amount for the year of $200,000 and maximum amount per project of $95,000.  This renewal is for the period of July 1, 2010, through June 30, 2011.

            Approval of the first renewal of the contract for FY10 Job Order Contracting Services – Plumbing Repair & Replacement (Bids & Quotations No. 1332-10); Connelly Plumbing Co., maximum amount for the year of $200,000 and maximum amount per project of $95,000.  This renewal is for the period of July 1, 2010, through June 30, 2011.

            Moved by Ms. Washington and seconded by Ms. Sheid.

            Motion passed 8-0.

12.       New Business --- Mr. Clif Smart, General Counsel, first reported that the two-year project to update the University’s Policy Manual has been completed and each governor should have an up-to-date and accurate Policy Manual.  The Manual includes applicable statutes, the Board’s Bylaws and all Governing Policies.  All policies, both governing and operating, are included in the electronic on-line Policy Library.  These policies cannot be changed without going through a process…governing policy changes need board approval while operating policy changes need presidential approval.   He next presented a resolution (Board Policies No. 63-10) revising the Governing Policy on Use of Copyrighted Materials for Missouri State University.  Moved by Ms. Sheid.  Seconded by Ms. Washington.

            Motion passed 8-0.

            Mr. Hammons announced that the next item under New Business is the consideration of a resolution (Awards No. 36-10) for the approval of a designation of a Presidential Plaza in honor of Dr. Michael T. Nietzel.  Mr. Hammons explained that as Dr. Nietzel was instrumental in guiding the University Recreation Center through its planning stages and into construction, it is fitting that the Presidential Plaza for Dr. Nietzel be located in the vicinity of the University Recreation Center.  Mr. Doug Sampson, University Architect, then presented some sketches of what the plaza would look like.  Moved by Ms. Sheid, receiving the second of Mr. Duggan.

            Motion passed 8-0.

            Dr. Nietzel thanked the Board and commented that this was a surprise.  He said this meant a lot to him as this project was discussed during his entire five years as president.

            Mr. Hammons reminded the Board that election of board officers would be taking place at the next board 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.  Mr. Hammons 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 June 18, 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,…” 

Ms. Bradbury moved the approval of the resolution and Mr. Winston seconded the motion.

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

Mr. Hammons declared the resolution passed unanimously.

14.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, July 30, 2010, at 10:00 a.m. on the Springfield Campus.

15.       Adjournment--- Mr. Hammons adjourned the meeting at 12:00 p.m. on the motion of Mr. Duggan, the second of Ms. Smith, and the unanimous vote of the Board.

John W. McAlear

Secretary