Missouri State University

October 30, 2009

MINUTES OF THE BOARD OF GOVERNORS

MISSOURI STATE UNIVERSITY

OCTOBER 30, 2009

 

  1. 1.                  Roll Call

Present-     Ms. Elizabeth Bradbury, Governor

Mr. Michael Duggan, Governor

Mr. Gordon Elliott, Governor

Mr. Brian Hammons, Chair of the Board

Mr. Orvin Kimbrough, Governor

Ms. Mary Sheid, Governor

Ms. Cathy Smith, Governor

Ms. Phyllis Washington, Vice-Chair of the Board

Mr. John Winston, 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

Jim Baker, Vice President for Research and Economic Development

Ken McClure, Vice President for Administrative and Information Services

Nila Hayes, Chief Financial Officer

Brent Dunn, Vice President for University Advancement

                  Clifton Smart, General Counsel

            John McAlear, Secretary of the Board

  1. 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.
  1. 3.                  Approval of Minutes:
  2. a.      Board of Governors’ Meetings --- Mr. Hammons asked for a motion for the approval of the minutes for the open meeting of July 30, 2009, and the open and closed meetings of July 31, 2009.  Ms. Bradbury so moved, receiving the second of Ms. Sheid.

Motion passed 9-0.

  1. b.      Executive Committee Meetings --- Mr. Hammons next asked for a motion to approve the Executive Committee minutes for the open meetings of September 2, 2009; September 22, 2009; and October 8, 2009.  Moved by Mr. Duggan and seconded by Ms. Washington.

Motion passed 3-0.

  1. 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.  He explained that there were two deletions from the Academic Retirements in the resolution concerning actions for academic employees…Elizabeth Fahey and Larry George.  The items included in the Consent Agenda are:

September 2, 2009, Executive Committee Meeting

Approving the lease of property located at 105 S. Curry Avenue, West Plains, Missouri, from All Saints Episcopal Church of West Plains, Missouri, Inc., for $1.00 (West Plains Agreement No. 27-09).

Procurement Activity Report for August 27-28, 2009 (Purchasing Activity Report No. 337-09).

Approval of an Intergovernmental Agreement with the City of Springfield relating to the use of Hammons Student Center by the City (Agreement No. 247-09).

            Approval to increase the project budget for the renovation of Siceluff Hall (Bids & Quotations No. 1306-09).  This $50,000 budget increase brings the total project budget to $9,989,355.

            Approval to increase the project budget for the sidewalk repairs at Temple Hall Plaza on the Springfield Campus (Bids & Quotations No. 1307-09).  This $15,000 budget increase brings the total project budget to $113,500.

            The nursing simulation lab at the Professional Building (Bids & Quotations No. 1308-09); Federal Construction Inc., low bid of $151,159 for the base bid; total project budget established at $250,000.

            Architectural and engineering services in conjunction with the design and construction of a new underground utility tunnel from McDonald Arena to the new recreation center (Architects & Engineers No. 651-09); Cannon Design, for a fixed fee of $75,000 plus reimbursable expenses.  Additional services of up to $20,000 as described in this agreement may be authorized and approved.

September 22, 2009, Executive Committee Meeting

Procurement Activity Report for the period from August 29, 2009, through September 18, 2009 (Purchasing Activity Report No. 338-09).

The installation of two new boilers at Hammons House (Bids & Quotations No. 1309-09); Gold Mechanical, Inc., low bid of $55,200; total project budget set at $127,000.

October 8, 2009, Executive Committee Meeting

Approval of the purchase of real estate located at 401 E. 17th Street, Mountain Grove, Missouri at a cost of $313,470.59 from First Bancshares, Inc., (West Plains Campus Land Purchase No. 30-09).  The purchase is being funded by the West Plains Campus reserves.

Procurement Activity Report for the period September 19, 2009, through September 30, 2009 (Purchasing Activity Report No. 339-09).

West Plains Campus

Approval of Activity Report dated October 13, 2009 (West Plains Campus Activity Report No. 78-09).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 300-09).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 301-09).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period July 30, 2009, through October 16, 2009 (Purchasing Activity Report No. 340-09).

Facilities and Equipment

Approval of Activity Report for the month of July 2009 (Activity Report No. 200-09).

Approval of Activity Report for the month of August 2009 (Activity Report No. 201-09).

Approval of Activity Report for the month of September 2009 (Activity Report No. 202-09).

FY10 Job Order Contracting Services – Electrical Repair & Replacement (Bids & Quotations No. 1310-09); Melton Electric Co., lowest and best submission.  The maximum expenditure per project is not to exceed $95,000 and the total expenditure for projects completed under this contract shall not exceed $200,000.  The contract shall be valid for one fiscal year or until June 30, 2010, with an option to renew the contract, with Board approval, for two additional consecutive fiscal years.

FY10 Job Order Contracting Services – Plumbing Repair & Replacement (Bids & Quotations No. 1311-09); Connelly Plumbing Co., lowest and best submission.  The maximum expenditure per project is not to exceed $95,000 and the total expenditure for projects completed under this contract shall not exceed $200,000.  The contract shall be valid for one fiscal year or until June 30, 2010, with an option to renew the contract, with Board approval, for two additional consecutive fiscal years.

FY10 Job Order Contracting Services – Insulation Repair & Replacement (Bids & Quotations No. 1312-09); HTH Companies, Inc., lowest and best submission.  The maximum expenditure per project is not to exceed $95,000 and the total expenditure for projects completed under this contract shall not exceed $200,000.  The contract shall be valid for one fiscal year or until June 30, 2010, with an option to renew the contract, with Board approval, for two additional consecutive fiscal years.

The Outside Plant Telecommunications Wiring Contract (Bids & Quotations No. 1313-09); lowest and best submission.  The total expenditure for projects completed under this contract shall not exceed $250,000.  The contract shall be valid for one year or until October 31, 2010, with an option to renew the contract, with Board approval, for four additional consecutive one-year periods.

Human Resources Items

Actions concerning academic employees (Human Resources No. 1298-09).

Actions concerning non-academic employees (Human Resources No. 1299-09).

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

Motion passed 9-0.

5.         President’s Report --- President Michael Nietzel first presented a resolution (Board Policies No. 56-09) repealing policies that have been out of date for some time and do not represent the way the University conducts its business.  Moved by Ms. Sheid and seconded by Ms. Washington.

            Motion passed 9-0.

            He next presented a resolution (Awards No. 31-09) awarding the 2009 Bronze Bear Award to T. Edward Pinegar, Jr., and Carol Pinegar for their long and extraordinary support of Missouri State University.  Moved and seconded, respectively, by Mr. Kimbrough and Ms. Sheid.

            Motion passed 9-0.

Dr. Nietzel next gave the Board a synopsis of his budget-planning report to the Finance Committee earlier today.  He explained that we anticipate a reduction in our State Appropriation in FY2012 of about $10 million and we now also anticipate about a $5 million reduction in next year’s appropriation (FY2011).  We also estimate that certain expenses that we have no control over will increase about $500,000 next year so we need to reallocate about $5.5 million next year (FY2011).  Since personnel expenditures approximate about 67% of our costs, we have been looking at different voluntary options to try to give us a good start at this budget hurdle.  Dr. Nietzel explained that they will try to use Central Administration funds to address about $2 million of this amount.  To help with the remaining $3.5 million, they have been looking at the advantages of introducing a voluntary incentivized retirement plan for faculty.  This presentation today is in preparation for a recommendation to the Board to endorse this program at their December meeting.  Dr. Nietzel indicated there are 198 faculty members eligible for retirement under either the MOSERS or CURP systems.  The incentivized proposal would be to offer either: a) a payment of 25% of their current year salary, or b) we would pay their individual employee health benefit up until the age of 65.  The window for declaration of participation in this program would open around January 1 for about sixty days and would be for retirements by July 31, 2010.  He explained that two earlier incentivized retirement programs at this institution were successful at increasing the number of faculty retirements.  This type of plan does provide some flexibility to the Academic Deans for taking the vacancies caused by this plan, adding them to the current vacancies, and coming up with a replacement strategy on going forward.  The replacement of those vacant positions needs to occur at about 50% of the total university-wide cost.  Dr. Nietzel also indicated that some staff have offered a voluntary furlough to help address the budget problem.  He also indicated that, due to this Fall’s enrollment, we have some additional tuition dollars over our FY2010 budgeted tuition income and we have been discussing the best option for this additional income…. 1) save it for FY2012; 2) apply some of this to the FY2011 cuts; or 3) consider a small gesture toward our lowest-paid employees with some type of salary adjustment.  Mr. Elliott, Chair of the Finance Committee, commented that they were very pleased to find that they have some voluntary options for planning ahead.  He also likes the paid health care option for those who find that option appealing.  

6.         Academic Affairs:

a.   Academic Affairs Committee Report --- Ms. Bradbury, Chair of the Academic Affairs Committee, reported that they held a joint committee meeting with the Student Affairs Committee this morning.  They enjoyed hearing the very positive enrollment report for this Fall.  They also talked about ways individual governors could get involved in continuing to see positive enrollment trends.  Retention statistics were also very exciting this Fall.  They also heard of the marketing efforts that are ongoing.

b.   Faculty Senate Report ---Dr. Margaret Weaver, Chairperson for the Faculty Senate, gave a report to the Board.  She also read a resolution that the Faculty Senate approved to form a task force to examine the issue of fringe benefits for households of non-married employees.

c.   Report from the Provost --- Dr. John Catau, Associate Provost, first introduced those faculty members who received Missouri State University Foundation awards this year:  Service – Dr. Rhonda Ridinger and Dr. Char Berquist; Research – Dr. Beth Hurst and Dr. Kartik Ghosh; Teaching – Dr. Nancy Keith and Dr. Wafaa Kaf.

Dr. Frank Einhellig, Associate Provost for Graduate Studies, next gave an interim report on the Futures Initiative after three years of existence.  He reported that this program has been a terrific success.  He reported that the eleven research areas of emphasis that were named at the beginning of this initiative have been restructured into six areas of emphasis – Biotechnology, Environment and Water Resources, Materials Science, Global Perspectives with Emphasis on Asia, Health and Human Development, and Technology and Emerging Art Forms.   

Dr. Catau next reported that in 2005, the Department of Defense and Strategic Studies (DSS) was relocated to Fairfax, Virginia.  All costs above the 2005 DSS budget incurred as a result of the relocation were to be paid through private gifts and student fee increases except for annual salary increases.  This language has limited the ability of the Dean of the College of Humanities and Public Affairs to provide routine departmental support that is traditionally provided to all other departments within the College.  To address this, Dr. Catau presented a resolution, (Finance No. 1005-09), indicating that the Dean of the College of Humanities and Public Affairs has the discretion to provide funding above the 2005 Budget for the Department of Defense and Strategic Studies for traditional and routine items that the College would normally provide to its departments.  Moved by Mr. Duggan.  Seconded by Ms. Sheid.

Motion passed 9-0.

7.         Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that we are up in total Sponsored Program dollars received when compared to previous years.  The total number of proposals is down, but he feels we had an abnormal year last year with the number of proposals submitted.  This will be monitored as the year continues.  

He next mentioned the Annual Report on the China Program which has been distributed to the Governors.  We have multiple research partnerships that are starting to emerge.  We have faculty exchange programs with our China partners.  From a cultural competence standpoint, we’re having a lot of impact as far as getting our faculty and students to China as well as receiving a lot of Chinese faculty and students here.  He added that our China program is revenue neutral…we do not have to spend any of our University resources to maintain the program.

8.         West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, reported that their enrollment in the Fall of 1963, when the West Plains Campus was established, was 111 students.  Thirty years later, in the Fall of 1993, their enrollment broke 1,000 students.  This Fall’s enrollment set an all-time high, with 2,162 students.

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

Approval of Modified Academic Program for the Associate of Applied Science in Computer Technology (West Plains Campus Curriculum No. 32-09).

Approval of new academic program for the Certificate in Small Business Development (West Plains Campus Curriculum No. 33-09).

Moved and seconded, respectively, by Ms. Sheid and Mr. Kimbrough.

Motion passed 9-0.

9.         Student Affairs:

a.   Report from Student Affairs Committee --- Ms. Cathy Smith, Chair of the Student Affairs Committee, reported that this year’s Citizens Scholar Award recipients will be presented at the December Board meeting.

b.   Report from Student Body President --- Mr. Chris Polley, President of the Student Body, reported that SGA is supporting LEED Certification of the new University Recreation Center as well as the creation of an academic integrity class.  He reported that they have been working this Fall to further promote Missouri State athletics.  They have also been testing the implementation of GPS tracking on Bear Line shuttles and looking into the implementation of a textbook rental program at the Bookstore.

  1. c.       Report from Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported on the swine flu situation on campus.  Last Spring, we started training for a possible outbreak.  Our Taylor Health and Wellness Center is seeing about 30 cases of flu-like symptoms each day.  We also have the distinction of having the first-reported case in Greene County last summer.  We feel very good about the preparedness of our students, faculty, and staff.

10.       Finance:

a.   Development Report --- Mr. Brent Dunn, Vice President for University Advancement, reported that we kicked off the Our Promise capital campaign on August 28, 2009.  We announced a goal of $125 million and that we were up to $93 million on that date.  As of today, we are up to $97 million.  He then presented the development report for the three-month period ending September 30, 2009.  We are down in all categories totaling about $2 million.  A lot of this has to do with some one-time gifts received last year.  We are expecting some estate gifts in the near future and we hope to catch up by the end of this calendar year.  He announced that our endowment fund has risen to about $48 million.

b.   Financial Report --- Mr. Elliott first added to his earlier comments from the Finance Committee that they heard from a representative from Gilmore & Bell, our bond counsel, bringing us up to date on the federal stimulus plan and possible bond issues.  Ms. Nila Hayes, Chief Financial Officer, reported on the English Language Institute’s tuition and fees which were not included in the Fee Resolution approved by the Board.  Our Fee Resolution allows for President Nietzel to approve and report fees to the Board which we are doing today.  These fees will be included in future fee resolutions.  She next presented the Procurement Activity Report from October 16, 2009, through October 29, 2009, which included items for information only…board approval is not required.

11.       Human Resources --- Mr. Ken McClure, Vice President for Administrative and Information Services, presented a resolution (Human Resources No. 1300-09) approving the revised Employee Handbook for Administrative, Professional, and Support Staff.  Moved by Mr. Duggan and seconded by Ms. Bradbury.

            Motion passed 9-0.

12.       Unfinished Business --- Mr. Clif Smart, General Counsel, reported that a project of reorganizing university policies has been in place for over a year.  This project has included repealing some old policies, revising some old policies, creating some new policies, and organizing our policies into governing policies which require board approval and operating policies which will go to the President for approval.  He presented a resolution to be addressed at the December board meeting.  It does two things…it asks for the board to approve new and revised policies included in the resolution and it categorizes certain policies as governing policies.  Our goal is to have all of our policies on the internet.  He asked the governors to take home the Draft Policy Manual to review those policies being recommended as governing policies.  The Manual also includes a listing of operating policies.  He asked for the governors to contact him on any changes they would like to make to the Manual.  He also asked that the governors bring this Manual back to the December meeting so any needed revisions can be made.

13.       New Business --- Mr. Hammons asked the governors to review their calendars for the possibility of having a one-day retreat on February 18, 2010, the day before the February 19, 2010, regularly scheduled board meeting in Springfield.  Some of the possible topics could be the next long-range plan, the mission, goals for 2010-2011, the FY2011 budget, and diversity.

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.  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 October 30, 2009, 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…”                       

c.   R.S.Mo. 610.021(3).  “Hiring, firing, disciplining or promoting of particular employees by a public governmental body…”

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 Ms. Bradbury seconded the motion.

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

Mr. Hammons declared the resolution passed unanimously.

15.       Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, December 18, 2009, at 9:00 a.m. on the Springfield Campus.

16.       Adjournment--- Mr. Hammons adjourned the meeting at 12:20 p.m. on the motion of Ms. Smith, the second of Ms. Bradbury, and the unanimous vote of the Board.

John W. McAlear

Secretary