October 22, 2004

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
October 22, 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. Kelli Wolf, Student Governor


Absent- 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
Kent Kay, Associate Vice President for Finance
John Black, General Counse
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 September 17, 2004. Mr. Duggan moved to approve the minutes as presented. Mr. Franks seconded the motion.

Motion passed 6-0.

4. Educational:

a. Faculty Senate Report --- Dr. Lois Shufeldt, Chairperson for the Faculty Senate, distributed a report showing the Revenues and Expenditures of SMSU Intercollegiate Athletics for fiscal years 1999 through 2003. In 2003, the SMSU support for athletics was $4.8 million. She also distributed copies of the results of the Spring 2004 Faculty Concerns Survey and the SMSU FTE and Salary Budget Study for 1993-2004 prepared by the SMSU Chapter of the American Association of University Professors.

b. Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, reported that as you look at the weak state support for higher education, it is important for our employees to find other sources of income. Dr. Bill Alter, Director of Sponsored Research and Programs, was then asked to present the FY04 Report on Sponsored Research and Programs. His report showed that the number of named investigators (226), awards received (252), and funds awarded ($15,475,123) reached all-time highs for the University. The College of Natural and Applied Sciences was the most active academic unit, receiving 121 awards totaling $8,763,182. Within the academic colleges, University Centers continue to be the primary units involved in acquiring external funding (60% of the total awarded in FY2004). The Center for Applied Science and Engineering received one award totaling $5,850,000 from the Office of Naval Research to continue their efforts to develop micro-electromechanical systems for the detection of biological agents. This is the second award for this program.

Dr. Schmidt then presented a resolution (Policies & Procedures No. 101-04) authorizing the President, through the Associate Vice President for Academic Affairs/Dean of the Graduate College, to negotiate the ownership rights to intellectual property with businesses collaborating with the Center for Applied Science and Engineering, provided any assignment is consistent with the regulations of external organizations funding the development efforts of the two parties and recognized University contributions. Assignment of ownership rights to collaborating businesses may improve the potential for successful commercialization of the results of these projects. Negotiation of appropriate royalty payments to the University will be an integral part of all agreements under this resolution. Moved by Ms. Sheid and seconded by Mr. Darr.

Motion passed 6-0.

5. West Plains Campus:

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

Engineering services in conjunction with providing services on an "On-Call" basis (West Plains Architects & Engineers No. 50-04); Scott Consulting Engineers, P.C., on an hourly basis with a not-to-exceed period of one year or an amount of $10,000 plus reimbursable expenses.

Asbestos consulting services in conjunction with providing services on an "On-Call" basis (West Plains Architects & Engineers No. 51-04); Security Storage Services, Inc., on a services provided basis with a not-to-exceed period of one year or an amount of $10,000 plus reimbursable expenses.

Professional surveying services in conjunction with providing services on an "On-Call" basis (West Plains Architects & Engineers No. 52-04); Riggs & Associates, Inc., on a services provided basis with a not-to-exceed period of one year or an amount of $10,000 plus reimbursable expenses.

Architectural services in conjunction with the renovation and addition to Gohn-Wood House and the construction of Hass-Hoover Hall (West Plains Architects & Engineers No. 53-04); TRC & Associates, for 6% of construction costs plus reimbursable expenses.

Approval of authority to enter into agreements for providing clinical instruction (West Plains Agreements No. 19-04).

Approval of actions concerning academic employees of the West Plains Campus (West Plains Personnel No. 224-04).

Approval of actions concerning non-academic employees of the West Plains Campus (West Plains Personnel No. 225-04).

Moved by Ms. Sheid. Seconded by Mr. Darr.

Motion passed 6-0.

Mr. Thomas then presented a resolution for the approval of a mission statement for Southwest Missouri State University-West Plains (West Plains Mission Statement No. 4-04). The Higher Learning Commission requested that the mission statement be expanded to better clarify and reflect its current degree programs and extended campus operations. Moved by Mr. Franks receiving the second of Mr. Darr.

Motion passed 6-0.

6. Student Affairs:

a. Report from Student Body President --- Mr. Chris Curtis, President of the Student Body, reported that SGA approved a resolution in support of the University purchasing an agreement with Turnitin.com. The purpose of this website is to help students and educators prevent plagiarism. He also reported there was a resolution presented called the Student Organization Fairness In Membership Act of 2004. This resolution is trying to bring back the sexual orientation debate. He commented that he does not know the legality of this so he requested that this be sent to a committee. Mr. Curtis then commented that his personal view on this issue is in agreement with Dr. Keiser's March 18, 2004 statement. He ended his report by declaring that he is very excited with the new on-line registration system.

b. Report from Vice President for Student Affairs: Dr. Don Aripoli, Vice President for Student Affairs, reported on the SMS partnership with the County Health Agency to make flu vaccine available to young children under two, the elderly, and to people with special health conditions. He next commented on our minority enrollment numbers for this semester – we are up 54 students that brings the minority enrollment to 5.9% of our total enrollment. We were at 5.6% a year ago.

He then commented that this year's Relay for Life event had the largest per capita campaign of any university in the country, even with bad weather that caused the event to be called off at 8:00 p.m. They raised $178,518 net.

Dr. Aripoli next presented the following resolutions for the board's consideration:

To establish the value of the Ellis Matching Recruitment Scholarships at $1,000 per student for the 2004-05 year to be matched by $1,000 from the Ellis Foundation (Student Policies No. 80-04). This was approved at $500 in January but the Ellis Foundation has asked us to raise our amount to $1,000.

To approve an updated Advertising, Distribution, Solicitation and Facilities Usage policy (Student Policies No. 81-04).

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

Motion passed 6-0.

7. Staff Senate Report --- Mr. Phil Nichols, Chairperson of the Staff Senate, reported that the Staff Senate approved a resolution endorsing a moment of silence at 11:00 a.m. on November 11, 2004, Veterans Day. Since the Faculty Senate and the SGA both passed similar resolutions, he requested that the Board also support the observance by approving a similar motion. Dr. Keiser added that this is supported by the administration. So moved by Mr. Franks and seconded by Mr. Duggan.

Motion passed 6-0.

Mr. Nichols then asked Ms. Lisa McEowen-LeVangie, Chair of the Staff Budget and Priorities Committee, to review the recent Staff Budget Priorities Survey. Two items ranked highly last year also ranked highly this year – increasing vacation accrual rates and establishing a summer work schedule. The four key issues from this year's survey were: 1) prioritize annual cost of living adjustments as an unavoidable expense in the University's budget planning; 2) retain the current University funded dental plan; 3) provide short-term disability coverage; and 4) increase the course fee waiver to 15 hours, with the possibility of staff accruing fee waiver hours during their years of employment. Mr. Duggan suggested that two separate surveys should be considered – one for compensation and benefits and one for other items. He added that compensation and benefits will almost always be mentioned first.

8. Report from the President --- Dr. John Keiser reported that later in today's meeting there will be two resolutions presented – one to accept the bid on the Park-N-Ride and the other to take the first step in remodeling the MFA building for the JVIC project. He wanted to assure the Board that each of these resolutions have been discussed in terms of the entire budget that we are looking at right now. He added that they had a session with the political candidates and incumbents last week and expressed our needs and equitable funding. In the twelve years that Dr. Keiser has been at the University, if we had been funded on the same level as Central, Northwest, and Southeast, we would have received an additional $130,000,000 over that time period. He then reported that the CBHE recommended an operating budget increase of 6.25% for each of the higher education institutions, which equates to about $4.9 million for SMSU. If you take the MOSER'S increase, the health care increase, and a salary increase, you will take the entire amount.

Dr. Keiser next reported that we have received a proposal to move the Center for Defense and Strategic Studies to Washington D.C. We have agreed to make sure that Missouri students now in the program will not suffer from this move. This is squarely in line with our public affairs mission. We will have a specific proposal for the Board next month.

He next presented the following resolutions for the Board's consideration:

Approval of Grapevine Biotechnology Agreement, a collaborative project between SMSU and China Agricultural University, and National Center of Economic Forest Seedling Speediness Propagation Engineering and Technology Research, People's Republic of China (Agreement No. 139-04).

Approval of Articulation Agreement for dual master's degrees in Plant Science between SMSU and China Agricultural University (Agreement No. 140-04).

Moved by Ms. Sheid, receiving the second of Mr. Carlson.

Motion passed 6-0.

9. Finance:

a. Financial Report on China Branch Campus --- Mr. Kent Kay, Associate Vice President for Finance, first presented a report showing assets, liabilities, net assets, revenues, and expenses of the SMSU Branch Campus in Dalian, China as of and for the year ended June 30, 2004. He explained that when you add all of the accounts in China and in Springfield, total revenues ($503,000) exceeded total expenses ($496,000) by $7,000. We continue to have the challenge that some of the revenues are in China and it is still difficult to transfer dollars to Springfield to match up with expenses. Mr. Kay then presented the following two resolutions for the Board's consideration:

Approval of budget, education fees (tuition), and banking institutions with regard to the University's Asia (China) education programs with Liaoning Normal University (Finance No. 980-04).

Approval to rent faculty and staff apartments and dormitory space at the SMSU Branch Campus at Liaoning Normal University (Purchase Approval No. 98-04).

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

Motion passed 6-0.

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

Purchases exceeding $25,000 from September 17, 2004 through October 8, 2004 (Purchasing Activity Report No. 251-04).

Purchases exceeding $25,000 from October 8, 2004 through October 20, 2004 (Purchasing Activity Report No. 252-04).

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

Motion passed 5-0-1 (Mr. Franks abstaining).

c. Development Report --- Mr. Greg Onstot, Vice President for University Advancement, presented the Development Report for the three months ending September 30, 2004 that showed total gift revenues up about $300,000 and total gift numbers up about 460 when compared to the same time last year.

He then reported on the ribbon cutting ceremony held at the Darr Agricultural Center on October 11, 2004. This was to recognize the end of Phase 1 at the Center that was almost exclusively funded by Mr. and Mrs. Darr's gift. A major gift pledge from Carol and Ed Pinegar was also announced for the renovation of the arena at the Center. He then presented a resolution (Gifts No. 137-04) naming the arena at the William H. Darr Agricultural Center the Pinegar Arena. Moved by Mr. Darr. Seconded by Mr. Duggan.

Motion passed 6-0.

d. Purchases & Contracts (continued) --- General Fred Marty, Associate Vice President for Administrative Services, next presented the following resolutions for the Board's consideration:

Approval of an SMSU-City Utilities Natural Gas Agreement (Agreement No. 141-04).

Approval of a parking lot lease agreement with First & Calvary Presbyterian Church (Agreement No. 142-04).

Moved by Mr. Franks, receiving the second of Mr. Darr.

Motion passed 6-0.

General Marty then presented a resolution (Board Policies No. 37-04) - approval of a revised contract authorization policy. This proposed modification increases the delegated purchasing and construction authority to the administration from $25,000 to $100,000. Moved by Mr. Franks and seconded by Mr. Darr

Motion passed 6-0.

He then presented a resolution (Policies & Procedures No. 102-04) authorizing the purchase of alcohol to support Centennial activities. Moved by Ms. Sheid. Seconded by Mr. Duggan.

Motion passed 6-0.

10. Facilities and Equipment --- General Fred Marty, Associate Vice President for Administrative Services, next presented the following resolutions for the Board's consideration:

Approving the October 11, 2004 Building Report (Building Report No. 139-04).

Approving the Activity Report for the month of September 2004 (Activity Report No. 142-04).

Professional services in conjunction with the renovation of the Jordan Valley Innovation Center (Architects & Engineers No. 600-04); Ross & Baruzzini Facilities, Inc., for a lump sum of $555,930 plus reimbursable expenses. Additional services of up to $110,000 as described in this agreement may be authorized and approved as necessary. (General Marty explained that this will create a white box environment – an open space that commercial research firms or the University can go in and build out at a cost in addition to what is in this resolution. We need grant funds or gift monies or different arrangements for us to bring these areas on).

Professional services in conjunction with a programming study to evaluate potential follow-on phases for the Jordan Valley Innovation Center project (Architects & Engineers No. 601-04); Ross & Baruzzini Facilities, Inc., for an hourly fee not to exceed $80,000 plus reimbursable expenses. Additional services of up to $20,000 as described in this agreement may be authorized and approved as necessary.

Moved by Mr. Franks and seconded by Mr. Duggan.

Motion passed 6-0.

General Marty then presented the following resolutions for the Board's consideration:

Engineering services in conjunction with the repair of the exterior brick at the Professional Building (Architects & Engineers No. 602-04); Structural Engineering Associates Incorporated, for a lump sum fee of $27,500 plus reimbursable expenses. Additional services of up to $9,000 as described in this agreement may be authorized and approved as necessary.

Engineering services in conjunction with the recaulking of the exterior of Strong Hall (Architects & Engineers No. 603-04); Structural Engineering Associates Incorporated, for a lump sum fee of $31,800 plus reimbursable expenses. Additional services of up to $9,000 as described in this agreement may be authorized and approved as necessary.

Approval of a license agreement to accept a gift of athletic locker room equipment replacement at the Greenwood Laboratory School (Gifts No. 138-04); R.N. Smith Incorporated, as a donation and gift to the University, desires to install toilet partitions in the boy's locker room at Greenwood Laboratory School. The partitions are also donated as a gift from Bobrick Washroom Equipment, Inc.

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

Motion passed 6-0

General Marty then presented the following resolutions:

Approval to increase the project budget for the renovation of the restrooms in Woods House (Bids & Quotations No. 1134-04); an increase of $94,675 to bring the new project budget to $2,220,000.

Approval to increase the project budget for the lobby and dining room renovation at Blair-Shannon (Bids & Quotations No. 1135-04); an increase of $187,000 to bring the new project budget to $2,267,000.

Approval to increase the project budget for the fourth floor clean up at the Great Southern Building (Bids & Quotations No. 1136-04); an increase of $27,170 to bring the new project budget to $35,000.

Approval to increase the project budget for the VCT and mastic removal and asbestos abatement at Blair-Shannon and Woods House (Bids & Quotations No. 1137-04); an increase of $6,000 to bring the new project budget to $24,000.

Moved by Ms. Sheid. Seconded by Mr. Darr.

Motion passed 6-0.

General Marty next presented the following resolutions:

Outside plant telecommunications wiring contract (Bids & Quotations No. 1138-04); A-1 Electric Service, Inc. Bids shall be submitted on a unit price basis. This would be for a period of one year with an option for renewal of four more one-year terms.

Installation of a pavilion at the Mountain Grove Campus (Bids & Quotations No. 1139-04); Kenney-Hall Construction Company, low bid of $37,680; total project budget established at $54,500.

Construction of the Intermodal Transfer Facility (Bids & Quotations No. 1140-04); DeWitt & Associates, low bid of $13,095,000; total project budget established at $15,434,000. The bidder set the construction period at 450 days.

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

Motion passed 5-0 (Ms. Sheid was out of the room).

General Marty then presented the following resolutions:

To grant a utility easement to allow for a sanitary sewer relocation required by the Intermodal Transfer Facility (Land No. 80-04)

Engineering services in conjunction with the Drury House renovation, Bull Shoals Field Station (Architects & Engineers No. 604-04); MESA Consulting Engineers for a fixed fee of $2,000 plus reimbursable expenses. Additional services of up to $1,000 as described in this agreement may be authorized and approved as necessary.

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

Motion passed 5-0 (Ms. Sheid out of the room)

11. Human Resources ---General Marty next presented the following resolutions:

Actions concerning academic employees (Human Resources No. 1150-04).

Actions concerning non-academic employees (Human Resources No. 1151-04).

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

Motion passed 5-0 (Ms. Sheid out of the room).

12. Unfinished Business --- Mr. Franks next reported that the Presidential Search Committee has received 26 applications at this point in the process and 31 nominations. He added that they hope to screen down to about 18 applicants at a November 20th meeting. They are hoping to bring a recommendation of three finalists to the Board of Governors at their February 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 October 22, 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. Franks 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, and Franks; those
voting against – none; those absent – Governors Sheid (out of the
room) 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 November 19, 2004.

15. Adjournment--- Dr. Burns adjourned the meeting at 12:40 a.m. on the motion of Mr. Franks, the second of Mr. Darr, and the unanimous vote of the Board.