October 22, 2010

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

OCTOBER 22, 2010

 

 

1.                  Roll Call

Present-     Ms. Elizabeth Bradbury, Chair of the Board

Mr. Gordon Elliott, Vice Chair of the Board

Mr. Brian Hammons, Governor

Mr. Orvin Kimbrough, Governor

Ms. Mary Sheid, Governor

Mr. Brandt Shields, Student Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Governor

Mr. John Winston, Governor

 

                  Absent-     Mr. Michael Duggan, Governor

 

Also

Present-     James E. Cofer, Sr., 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 Ms. Elizabeth Bradbury, Chair of the Board of Governors.  She 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 --- Ms. Bradbury asked for a motion for the approval of the minutes for the open and closed meetings of July 30, 2010, and August 29/30, 2010.  Mr. Kimbrough so moved, receiving the second of Ms. Sheid.

Motion passed 8-0.

b.      Executive Committee Meeting – Ms. Bradbury next asked for a motion for the approval of the minutes for the open Executive Committee meeting of September 28, 2010.  Mr. Hammons so moved, receiving the second of Mr. Elliott.

Motion passed 3-0 (Mr. Elliott, Mr. Hammons, and Ms. Smith voting).

4.                  Consent Agenda --- Ms. Bradbury 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:

September 28, 2010, Executive Committee Meeting

The approval of the Procurement Activity Report (Purchasing Activity Report No. 351-10).

The installation of two new boilers at Juanita K. Hammons Hall for the Performing Arts (Bids & Quotations No. 1338-10); Gold Mechanical Inc., low bid of $123,655 for the base bid plus alternate two; total project budget set at $140,000.

The interior renovation of Looney Hall (Bids & Quotations No. 1339-10); Bales Construction Co., low bid of $303,636 for the base bid plus alternates one and two; total project budget set at $386,636.     

West Plains Campus

Approval of Activity Report dated October 5, 2010 (West Plains Campus Activity Report No. 84-10).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 314-10).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 315-10).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period July 28, 2010, through October 8, 2010 (Purchasing Activity Report No. 352-10).

Facilities and Equipment

Approval of Activity Report for the month of July 2010 (Activity Report No. 212-10).

Approval of Activity Report for the month of August 2010 (Activity Report No. 213-10).

Approval of Activity Report for the month of September 2010 (Activity Report No. 214-10).

Approval of the first renewal of the contract for Outside Plant Telecommunications Wiring (Bids & Quotations No. 1340-10); A-1 Electric Service, Inc., for the period of November 1, 2010, through October 31, 2011, at a 2.5% increase over the original contract.

Engineering and architectural services in conjunction with the addition of a fire suppression system and new fire alarm system in Blair Shannon House (Architects & Engineers No. 662-10); Malone Finkle Eckhardt & Collins, Inc., for a fee equal to five percent of the construction costs for the above project plus reimbursable expenses (the fee is expected to be less than $125,000).  Additional services of up to $20,000 as described in this agreement may be authorized and approved as necessary.

Engineering and architectural services in conjunction with the addition of a fire suppression system and new fire alarm system in Woods House (Architects & Engineers No. 663-10); Malone Finkle Eckhardt & Collins, Inc., for a fee equal to five percent of the construction costs for the above project plus reimbursable expenses (the fee is expected to be less than $75,000).  Additional services of up to $15,000 as described in this agreement may be authorized and approved as necessary.

Engineering and architectural services in conjunction with renovation of the first floor restroom and the third floor mechanical system in Cheek Hall and the restroom renovation in Kings Street Annex (Architects & Engineers No. 664-10); Smith-Goth Engineers, Inc., for a fixed fee not to exceed $68,000 plus reimbursable expenses.  Additional services of up to $10,000 as described in this agreement may be authorized and approved as necessary.

Approval to increase the authorized amount for additional services approved on July 30, 2010, for the consultant providing professional services in conjunction with the exterior repairs to Hutchens House, Garst Cafeteria, Hammons House, and Freudenberger House (Architects & Engineers No. 665-10).  The $25,000 increase brings the total additional services amount to $65,000.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1327-10).

Actions concerning non-academic employees (Human Resources No. 1328-10).

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

Motion passed 8-0.

5.                  President’s Report --- Dr. James E. Cofer, Sr., President, reported that it has been a busy and productive first almost ninety days.  He has met most of the top fifty donors.  He commented that he has found the students to be bright and engaging.  He has also found faculty and staff to be very engaged and proud of the institution.    

Dr. Cofer next commented about the State Audit Report on Missouri State University that was issued this week.  He indicated that after an early briefing with the state auditors, he appointed a committee to review the audit to determine what we should implement and to make sure that the implementation was taking place.  The members of the committee are Clif Smart, General Counsel, Dr. Dick Williams, Head of the School of Accountancy, and John McAlear, Secretary of the Board.  Both Dr. Cofer and Ms. Bradbury thanked Mr. Gordon Elliott for representing the Board during the audit.  Ms. Bradbury then commented that we are appreciative of the information that came from this audit.  She added that they were gratified that State Auditor Montee indicated that the issues raised were not major issues but things that could stand some tightening.

Dr. Cofer then reported that the FY12 budget process has begun and the various budget committees have been appointed.  It is a bottom-up process that will be very inclusive.  At this time, we still do not know what type of state appropriation we will receive.  He next added that we are making progress with the long-range plan and he indicated that we may not bring a draft to the Board in December as we want to ensure that we have a quality plan to present to the Board.  He then remarked that at future board meetings, there will be a regular report on diversity from the Vice President for Diversity and Inclusion.  Today, interim Vice President, Dr. Leslie Anderson, is out of town at diversity training, accompanied by ten of our colleagues.

Dr. Cofer next presented a resolution (Awards No. 38-10) for the awarding of the Bronze Bear Award to James P. Ferguson for his many years of service to and support of Missouri State University.

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

Motion passed 8-0.

6.         Academic Affairs:

a.   Faculty Senate Report --- Dr. Rebecca Woodard, Chairperson for the Faculty Senate, reported that the Committee on General Education and Intercollegiate Programs has decided to take no action on adding a Financial Responsibility Course to the core curriculum because we are getting ready to go through a very extensive review of our general education program and it will be considered at that time.  She reported that the Faculty Senate received the Report from Ad Hoc Committee to Explore Unionization and Collective Bargaining yesterday.  She added that it was a committee of ten, representing all academic colleges.  The conclusions from the report were: 1) given the severity of the challenges facing higher education and given the potential benefits to faculty unionization at Missouri State University, the committee believes that the question of unionization deserves serious examination and discussion by faculty; 2) because all faculty members have the right to form a union and pursue collective bargaining, and because such action would take place independently of the Faculty Senate and its committees, it is needless to offer a specific recommendation to Senate regarding unionization; and 3) for their part, the committee members agree unanimously that the benefits of unionization outweigh the drawbacks.  She said the Senate passed a resolution charging her to distribute the report to all faculty members at Missouri State University and the report is now posted on the Faculty Senate’s website.

b.   Report from the Provost --- Dr. Belinda McCarthy, Provost, first reported on the MDHE Low Completer review.  On October 13, we were given a list to review undergraduate programs with fewer than ten graduates and graduate programs with fewer than five graduates.  We had a total of 18 programs on our listing to review.  Deans, Department Heads, and faculty have done an excellent job on this review – there are programs we will be deleting, programs that we will continue to offer through a collaboration with other institutions, and programs that will be put on a “watch” list.  We have now received a different listing and have asked for clarification as to which listing we should utilize.  She then introduced recipients of Foundation Awards for Excellence in Teaching, Research and Service:  Teaching – Pawan Kahol and Carol Shoptaugh; Research – John Chuchiak, Paul Durham, and William Meadows; and Service – William Wedenoja.

      She then presented a resolution (Agreement No. 256-10) ratifying agreements with the United States Department of State to award scholarships to international students in the amount of 75% of non-resident tuition when these students come to the University from a program sponsored by the United States Department of State.

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

      Motion passed 8-0.

Dr. McCarthy next presented a resolution (Administration No. 21-10) approving a new reporting structure for the William H. Darr School of Agriculture.  She explained that in an external review of the school completed on February 20, 2010, a recommendation was made that the school become an autonomous unit reporting to the Provost.

Moved by Mr. Kimbrough, receiving a second from Ms. Smith.

Motion passed 8-0.

7.         Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that as of September 30, 2010, the University had submitted 67 proposals.  Through the same date, we had been awarded 50 proposals for a total of about $7.7 million.

Dr. Baker then presented a resolution (Agreement No. 257-10) ratifying an agreement with Liaoning Normal University, People’s Republic of China, which replaces the existing agreement between the two parties and extends cooperative programs through October 2020.  Ms. Washington commented that she just returned from China and Dr. Baker does an exceptional job in his dealings with our China partners.  It was an experience that she will never forget. 

Moved and seconded, respectively, by Ms. Washington and Mr. Winston.

Motion passed 8-0.

8.         West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that the Fall 2010 official enrollment was 2,229 students, a 3.1% increase over last year.  Their credit hours actually increased 8.7%.  He next highlighted two grants received at the West Plains Campus; 1) a TRIO Student Support Services grant for $220,000 per year for five years which will allow them to focus on first-generation students, below-poverty students, disabled students, and veterans; and 2) a Title III – Developmental Education grant for $400,000 per year for five years which will allow them to enhance their developmental education curriculum and provide much-needed programs to benefit students.  He ended his report by announcing that the NJCAA National Volleyball Tournament will be held in West Plains this year.

9.         Student Affairs:

a.   Student Affairs Committee Report --- Ms. Cathy Smith, Chair of the Student Affairs Committee, reported that the Student Affairs Committee met on October 12, 2010, and selected the six finalists for the Citizen Scholar Award.  The entire board will receive an e-mail with information on the six proposed recipients who will be presented to the entire board for formal approval at the December meeting.

b.   Report from Student Body President --- Mr. Jacob Swett, President of the Student Body, gave a report to the Board.  One item reported was the support for a downtown Commerce Bank ATM at the Park Central Office Building.  Mr. Swett also reported that SGA is working to formulate intuitive names for the parking lots on campus.  Once names are determined, SGA will write a proposal to the Wyrick Student Project Fund to potentially pay for new signage.

c.       Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that we set a new University System-wide enrollment record of 23,092 students for Fall 2010.  He indicated that we had a 19.9% increase in minority freshmen.  He also reported that they received three bids for a food service provider on October 12 and he hopes to bring a recommendation to the Board at their December meeting.  He ended his report by reporting that there are some significant improvements to our residence halls which are taking place, for instance, some new doors and carpets, funded by the recent bond issue.

10.       Staff Senate --- Mr. Ken McClure, Vice President for Administrative & Information Services, gave a report for Tabitha Haynes, Chairperson of the Staff Senate, who was unable to attend today’s meeting.  He distributed the new Staff Senate Logo and a resolution that the Staff Senate endorsed on the eventual fee structure of the Campus Recreation Center which would include staff and their family members.

11.       Financial:

a.   Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported through the three months ending September 30, 2010, total gift dollars received are up about $315,000 when compared to the same time period last year.

b.   Financial Report --- Ms. Nila Hayes, Chief Financial Officer, reported that the June 30, 2010, unaudited financial statements were reviewed in yesterday’s Finance Committee meeting.  She also presented the Additional Activities Report by the Office of Procurement Services which was for information only – board approval was not necessary.  This report included charter services for the men’s basketball program and a $32,861.95 spectrometer purchased from Thermo-Electron Corporation for the Physics Department.

      Mr. Elliott next expressed appreciation to Ms. Nila Hayes and Ms. June McHaney, Director of Internal Audit, for the extra work that was required to respond to requests from the State auditors over the past fourteen months right after we had taken on the new Banner System which was a massive undertaking.

12.       Facilities & Equipment --- Mr. Ken McClure first announced that he is withdrawing the resolution that was in the original packet regarding the Greenwood Laboratory Science addition.  The bids came in higher than expected so they will be looking at what options they have.  He then presented the following resolution for the Board’s consideration:

            Approval of Amendment #4 to a Lease Agreement between Missouri State University and Lockheed Martin Corporation for additional leased space at the Roy D. Blunt Jordan Valley Innovation Center (Agreement No. 258-10).  This amendment allows for an additional leased space of 576 sq. ft. in Building 5 and also extends the term of the lease an additional 60 months.

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

            Motion passed 8-0.

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

            Approval of amendment to Medical Insurance Plan (Human Resources No. 1329-10).  This amendment is necessary to comply with the new Affordable Care Act which was passed by Congress this past spring.  This amendment will eliminate lifetime maximum benefit limitations, will offer coverage of adult children up to age 26, eliminates pre-existing condition provisions for children under 19 and it extends the timeframe on claim appeals.  He explained that this amendment also incentivizes increased usage at the Taylor Health and Wellness Center.  These incentives are to reduce the co-pay on prescriptions from 30% to 20% for prescriptions purchased at Taylor’s Pharmacy and to waive the deductible on services at on-campus facilities.

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

            Motion passed 8-0.

            Governor Washington then introduced the eighth-grade students from her school, Allen Village Charter School in Kansas City.  This is their first visit to a college campus.

14.       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 October 22, 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 (9).  “Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee gro

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

Ms. Sheid moved the approval of the resolution and Mr. Kimbrough seconded the motion.

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

Ms. Bradbury declared the resolution passed unanimously.

15.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, December 17, 2010, at 9:00 a.m. on the Springfield Campus.

16.       Adjournment--- Ms. Bradbury adjourned the meeting at 11:40 a.m. on the motion of Mr. Kimbrough, the second of Mr. Hammons, and the unanimous vote of the Board.

John W. McAlear

Secretary