May 17, 2007

1. Roll Call
Present - Mr. James Buford, Governor (by conference call at 1:10p.m.)
Mr. Michael Duggan, Governor
Mr. Michael Franks, President of the Board
Mr. Brian Hammons, Governor
Ms. Mary Sheid, Vice President of the Board
Mr. Ryan Sivill, Student Governor
Ms. Cathy Smith, Governor
Ms. Phyllis Washington, Governor
Mr. John Winston, Governor

Also
Present - Michael Nietzel, President
Dennis Lancaster, Acting Chancellor of the West Plains Campus
Don Aripoli, Acting Vice President for University Advancement
Belinda McCarthy, Provost
Greg Burris, Vice President for Administrative and Information Services
Jim Baker, Vice President for Research and Economic Development
Earle Doman, Acting Vice President for Student Affairs
Kent Kay, Chief Financial Officer
John Black, General Counsel
John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Mr. Michael Franks, President of the Board of Governors. He called the meeting to order at 1:00 p.m. in the Traywick Parliamentary Room in the Plaster Student Union on the campus of Missouri State University in Springfield, Missouri.

3. New Business --- Mr. Franks first mentioned that it has been requested to add a resolution (Board Policies No. 50-07) to the agenda, changing the meeting times of future meetings of the Board. This resolution establishes that on Board meeting days, the Board committees will meet in the morning and the full Board will meet in the afternoon. Mr. Duggan moved to add this item to the agenda. Mr. Hammons seconded the motion.

Motion passed 7-0.

Ms. Sheid moved to adopt the resolution being proposed with Mr. Winston providing the second.

Motion passed 7-0.

4. Approval of Minutes:
a. Board of Governors’ Meetings --- Mr. Franks next asked for a motion for the approval of the minutes for the open and closed meetings of March 9, 2007; April 3, 2007; and April 30, 2007. Mr. Duggan so moved, receiving the second of Ms. Sheid.

Motion passed 7-0.

b. Executive Committee Meetings --- Mr. Franks asked if a member of the Executive Committee would offer a motion for the approval of the minutes for the open and closed Executive Committee meetings of March 23, 2007 and April 17, 2007. Ms. Sheid so moved. Mr. Hammons provided the second to the motion.

Motion passed 3-0 (Mr. Duggan, Mr. Hammons, and Ms. Sheid – members of the Executive Committee).

5. Consent Agenda --- Mr. Franks 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:

March 23, 2007 Executive Committee Actions
Parking lot maintenance on the Springfield campus (Bids & Quotations No. 1199-07); Amsinger Sealing & Striping LLC, low bid of $67,696.15; total project budget established at $125,000.

The renovation of Central Stores and Maintenance (Bids & Quotations No. 1200-07); FRIGA Construction, Inc., low bid of $131,500; total project budget set at $206,000.

The end wall repairs at Blair Shannon House (Bids & Quotations No. 1201-07); Mid-Continental Restoration, low bid of $601,200 for the base bid; total project budget established at $875,000.

Residence hall renovations for the East Main Wing, Freudenberger House (Bids & Quotations No. 1202-07); Nabholz Client Services, low bid of $1,074,932 for the base bid plus alternate 1; total project budget set at $1,230,000.

Approval of contract to provide utility services to the Roy Blunt Jordan Valley Innovation Center (Agreement No. 192-07).

Approval of the Prime, Inc., Agreement for support of the JQH Arena (Gifts No. 140-07). In recognition of this support, the club area in the arena will be named the PRIME Overtime Club.

Approval of St. John’s Sponsorship Agreement for the JQH Arena (Gifts No. 141-07). In recognition of this support, the South Concourse of the JQH Arena will be named the St. John’s Concourse for the term and on the terms as set forth in the agreement.

Approval of administrative leave with pay for Arlen Diamond, Director of Broadcast Services, for the period of July 1, 2007 to September 30, 2007. During this leave, Mr. Diamond will explore a range of potential grant opportunities which will benefit both the University and Broadcast Services.

April 17, 2007 Executive Committee Actions
Approval of purchases exceeding $100,000 for the period of March 8, 2007 through April 13, 2007 (Purchasing Activity Report No. 297-07).

Consent to the granting of an alcoholic beverage license by the City of Springfield to O’Connell’s Center City Grocery, 208 West McDaniel (Miscellaneous No. 27-07).

Off-site sewer improvements for the JQH Arena (Bids & Quotations No. 1203-07); Schatz Underground, Inc., low bid of $358,503.

The electrical service for the JQH Arena (Bids & Quotations No. 1204-07); A-1 Electric Service, Inc., low bid of $1,002,177 for the base bid and alternates 4 and 5.

The concrete structure for the JQH Arena (Bids & Quotations No. 1205-07); DeWitt & Associates, only bid of $3,896,575 for the base bid plus alternate 6.

The combined architectural and structural precast concrete packages for the JQH Arena (Bids & Quotations No. 1206-07); Prestressed Casting Company, only bid of $5,998,888 for the base bid.

The structural steel and stairs for the JQH Arena (Bids & Quotations No. 1207-07); Merrill Iron and Steel, low bid of $7,485,000 for the base bid.

The selective demolition, cleaning, and painting in preparation of the Phase II renovation of the Roy Blunt Jordan Valley Innovation Center (Bids & Quotations No. 1208-07); Kingston Environmental Services, Inc., low bid of $127,900; total project budget set at $190,000.

Approval to increase the project budget for the Phase I renovation of the Roy Blunt Jordan Valley Innovation Center (Bids & Quotations No. 1209-07); this $115,000 increase brings the new total project budget to $11,508,520.

The horizontal waterproofing for the JQH Arena (Bids & Quotations No. 1210-07); S & W Waterproofing, low bid of $25,599.

Approval of resignation of Kay N. Abrahamson-Henderson as Women’s Head Basketball Coach (Human Resources No. 1229-07).

Approval of employment contract for Head Women’s Basketball Coach, Nyla L. Milleson (Human Resources No. 1230-07).

Approval of employment of Associate Head Women’s Basketball Coach, Tricia A. Marsh, and Assistant Women’s Basketball Coach, Carly M. Stubblefield. These appointments will be according to the terms of the University’s standard assistant basketball coach annual contract – salary for Tricia A. Marsh would be $60,000 per year, salary for Carly M. Stubblefield, $40,000 per year, with both contracts having the same achievement payments and benefits as previous women’s assistant basketball coaches’ contacts and commencing on 4/10/07 for the first year through June 30, 2008.

West Plains Campus
Approval of the Activity Report dated May 17, 2007 (West Plains Campus Activity Report No. 62-07).

Approval of actions concerning West Plains Campus nonacademic employees (West Plains Campus Personnel No. 263-07).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 264-07).

Approval of expenditures for continued campus beautification (West Plains Campus Purchase Approval No. 39-07).

Approval of expenditures to implement phase three of the engraved brick walkway project (West Plains Campus Purchase Approval No. 40-07).

Springfield Campus Purchases/Contracts
Approval of purchases exceeding $100,000 between April 14, 2007 and May 4, 2007 (Purchasing Activity Report No. 298-07).

Design and Construction Items
Approval of Activity Report for the month of March 2007 (Activity Report No. 172-07).

Approval of Activity Report for the month of April 2007 (Activity Report No. 173-07).

The auditorium renovation at Meyer Library (Bids & Quotations No. 1211-07); Nesbitt Construction, Inc., low bid of $385,500; total project budget established at $495,000.

The FY07 classroom improvements on the Springfield Campus (Bids & Quotations No. 1212-07); Lacey Brothers Construction, low bid of $47,800; total project budget set at $115,000.

The exterior repairs of Hill Hall (Bids & Quotations No. 1213-07); MTS Contracting, Inc., low bid of $545,000 for the base bid and alternate one; total project budget set at $725,000.

The foundation repairs at the Jim D. Morris Center for Continuing Education (Bids & Quotations No. 1214-07); MTS Contracting, Inc., low bid $86,500 for the base bid and alternate one; total project budget set at $125,000.

Approval to increase the additional services allowance for the professional services of Ross & Baruzzini in conjunction with the phase two renovation of the Roy Blunt Jordan Valley Innovation Center (Architects & Engineers No. 632-07). This $8,000 increase brings the additional services allowance to $38,000.

Human Resources Items
Actions concerning academic employees (Human Resources No. 1231-07).

Actions concerning non-academic employees (Human Resources No. 1232-07).

Mr. Buford joined the meeting at this time. Mr. McAlear noted that the JQH Arena resolution for the concrete structure awarding the bid to DeWitt & Associates should reflect that the amount awarded was for the base bid and alternate six. The resolution as presented did not include the alternate.

With that minor change, Mr. Winston made a motion to approve the Consent Agenda receiving a second from Mr. Hammons.

Motion passed 8-0.

6. President’s Office --- Dr. Michael Nietzel first presented a 2006 Honor Roll Recognition by the President’s Higher Education Community Service Group to Mr. Sean Cain, representing the student body, for their work related to the Gulf hurricanes of 2005. Dr. Nietzel next gave a brief update of the 2007 session of the Missouri General Assembly. Senate Bill 389 includes: 1) the Lewis & Clark initiative with $35 million earmarked for Missouri State University renovations; 2) restrictive tuition increases based on a national CPI; 3) a significant increase in state need-based scholarships and the consolidation of two scholarship programs into one; and 4) new powers for the CBHE. He reported that we received a 4.2% increase in our operating budget, an additional $500,000 in ongoing money for our share of the Cooperative Engineering program with the University of Missouri at Rolla, and an additional $500,000 in ongoing money for the West Plains campus. We did not receive the $500,000 in one-time money to help with the startup of the Cooperative Engineering program. We are looking at how this will affect the timing of this program.

Dr. Nietzel next reported on the appointment of a President’s Emergency Response Task Force to address: 1) how to prevent, mitigate, and respond to incidents of campus violence and threats, both internal and external; and 2) to conduct a broader review of campus emergency policies and procedures to include; tornadoes and severe weather; fire; bomb threats; and earthquakes.

He then presented the following resolutions:

Approval of the William H. and Virginia Darr Gift Agreement in support of the JQH Arena (Gifts No. 142-07). In recognition of their support, appropriate recognition is authorized in the Grand Entrance of the JQH Arena, on the terms set forth in the Gift Agreement.

Approval of the Thomas G. and Wilma Strong Family Gift Agreement in support of the JQH Arena (Gifts No. 143-07). In recognition of their support, appropriate recognition is authorized in the Grand Entrance of the JQH Arena, on the terms set forth in the Gift Agreement.

Approval of the H.E. “Spook” Whitener and the Whitener Family Gift Agreement in support of the JQH Arena (Gifts No. 144-07). In recognition of their support, appropriate recognition is authorized in the Grand Entrance of the JQH Arena, on the terms set forth in the Gift Agreement.

Approval of the Bill R. Foster and the Foster Family Foundation Gift Agreement in support of the JQH Arena (Gifts No. 145-07). In recognition of their support, the University Suite in the JQH Arena will be named for Bill R. Foster and the Foster Family Foundation.

Approval of the Price Cutter Gift Agreement in support of the JQH Arena (Gifts No. 146-07). In recognition of this support, the East Concourse of the JQH Arena will be named the Price Cutter Concourse for the term of ten years.

Moved by Mr. Winston and seconded by Mr. Duggan.

Motion passed 8-0.

Dr. Nietzel next presented a resolution (Policies & Procedures No. 124-07) approving the Missouri State University Criminal Background Check Policy. Before the Board acts on this resolution, he requested that Dr. Mark Richter of the Faculty Senate be able to speak for the Faculty Senate regarding this proposal. Dr. Richter stated that this is a solution looking for a problem and that we have absolutely no evidence that it will improve safety on this campus. He encouraged the Board to charge the administration with conducting a detailed safety study to see how faculty who are felons rank with other safety issues such as date rape, weapons, alcohol poisoning, and drug abuse. He also commented that the faculty hiring procedures include reference letters, calls to references, and off-list calls to references and these are much stronger procedures than the lax procedures for hiring per-course faculty or graduate assistants who are exempt from background checks under this proposal. Several of the governors commented that maybe the proposal does not go far enough and that we need to review the exempting of these classifications of employees. Dr. Nietzel commented that he thought it was reasonable to ask this question – “Is it unreasonable for a university to know whether it is about to hire a felon?” Mr. Franks asked if there was a motion to approve the proposed resolution. Mr. Duggan so moved, receiving the second of Mr. Hammons.

Motion passed 8-0.

Dr. Nietzel concluded his report by summarizing the 2008 fiscal year education and general operating budget for the Springfield campus which is just one part of the total budget to be acted on by the Board at their June 29, 2007 Board meeting. Anticipated 2008 revenue increases from the state appropriation increase, the additional money for the cooperative engineering program, the 3.5% student fee increase, and a modest estimated increase of 100 additional FTE students, total about $5.71 million. A salary pool of 4.0% for merit, .2% for equity, and .3% for special circumstances was used. When including internal allocations from cost centers, there will be some salary increases greater than 4.5%. Total salary and benefit increases come to about $4.7 million. Total estimated 2008 revenues and expenditures come to, respectively, $157.5 million and $156.9 million leaving about a $600,000 increase in the recurring assets of the university. There are about $5.8 million in one-time expenditures allocated for special projects, financial aid, academic initiatives, and support services. Projected reserves at June 30, 2008 are about $23.6 million (about a three-month reserve). Three years ago, we had about a three-week reserve.

7. Educational:
a. Faculty Senate Report --- Dr. Mark Richter, outgoing Chairperson for the Faculty Senate, introduced Dr. Pauline Nugent of World Languages and Cultures as the Chair-elect of the Faculty Senate.

Dr. Tom Kane, new Chairperson for the Faculty Senate, next reported on the May Faculty Senate meeting. He reported that Coach Nyla Milleson addressed the Senate and spoke on the importance of integrating the mission of educating students into the fabric of the Lady Bears program.

b. Report from the Provost --- Dr. Belinda McCarthy, Provost, first presented a resolution of appreciation to Dr. Mark Richter for services as Chair of the Faculty Senate for the past year. Moved by Ms. Sheid and seconded by Mr. Hammons.

Motion passed 8-0.

Dr. McCarthy next introduced Dr. Carey Adams as the new Dean of the College of Arts & Letters. She then asked Mr. Hammons, Chair of the Academic Affairs Committee of the Board, to report on their first meeting held this morning. Mr. Hammons said the Academic Affairs Committee wants to better understand the academic program at the University and to ensure that the academic programs align with our mission. He commented that it is not up to the Board to determine the academic program; it is the Board’s role to remind the faculty that they are responsible to determine the academic program. They also discussed the Social Work report and the recommendations from and responses to that report. He also added that Dr. Jim Baker gave a review of the China program and the Jordan Valley Innovation Center.

Dr. McCarthy next presented a resolution (Curriculum No. 308-07) to change the name of the Department of Family Development, Early Childhood and Elementary Education to the new name of Department of Childhood Education and Family Studies effective immediately (Curriculum No. 308-07). Moved by Ms. Sheid, receiving the second of Mr. Hammons.

Motion passed 8-0.

Dr. McCarthy then presented the following resolutions for the Board’s consideration:

Establishing a new program - Graduate Certificate in Defense and Strategic Studies (Curriculum No. 309-07).

Establishing a new program – Undergraduate Certificate in Entrepreneurship (Curriculum No. 310-07).

Establishing a new option in Digital Arts for the Bachelor of Fine Arts (Curriculum No. 311-07).

Moved by Mr. Hammons. Seconded by Ms. Smith.

Motion passed 8-0.

8. Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that Sponsored Program dollars awarded through April 30, 2007 total $17.6 million compared to $12.2 million last year.

He then presented a resolution (Agreement No. 193-07) approving a change order to a subcontract between Missouri State University and Applied Systems Intelligence, Inc (ASI). The $400,000 cost in additional services provided by ASI brings the total subcontract to $1,830,298. Moved by Ms. Sheid. Seconded by Mr. Duggan.

Motion passed 8-0.

He next presented a resolution (Administration No. 16-07) granting the Southwest Regional Professional Development Center status as an officially recognized Missouri State University Center. Moved by Mr. Winston and seconded by Mr. Duggan.

Motion passed 8-0.

Dr. Baker then distributed a resolution (Agreement No. 194-07) approving a cooperative agreement between Missouri State University and the Missouri Department of Conservation. The Department of Conservation desires to have us study effects of prescribed burning on forest flora. This agreement provides for a graduate assistantship. Mr. Franks asked if there was a motion to add this item to the agenda. Ms. Sheid so moved, receiving the second of Mr. Hammons.

Motion passed 8-0.

Mr. Winston then moved the approval of the cooperative agreement. Mr. Hammons provided the second to the motion.

Motion passed 8-0.

9. West Plains Campus --- Mr. Dennis Lancaster, Acting Chancellor of the West Plains Campus reported that there will be 221 West Plains Campus students receiving diplomas on Saturday. There will also be 41 Springfield Campus students receiving either bachelor's or master's degrees for those programs offered on the West Plains Campus.

He then presented a resolution (West Plains Campus Curriculum No. 30-07) approving a new academic program for the Associate of Arts in Teaching. Moved by Mr. Duggan and seconded by Ms. Sheid.

Motion passed 8-0.

10. Student Affairs:
a. Report from Student Body President --- Mr. Sean Cain, former President of the Student Body, gave a recap of the accomplishments of the year including a second year in sending students to aid in the Katrina relief effort and the approval of a fee for a future student recreation center.

He then introduced Mr. Orlando Hodges and Mr. Matthew Jungers, newly elected, respectively, as Student Body President and Vice President. Mr. Hodges then reported that he was looking forward to working with the Board of Governors.

b. Report from Vice President for Student Affairs --- Dr. Earle Doman, Acting Vice President for Student Affairs, reported that the Student Affairs Committee had their second meeting this morning and he asked Ms. Sheid to provide a summary of their meeting. She reported that they have had discussions about the safety mechanisms on campus and what the University is doing to address student safety.

Dr. Doman then reported that registrations for fall are up 4.5% and first-time freshmen admits are up 7%. Transfer student admits are up 8% and new degree graduate students for fall are up 19%.
He then presented a resolution (Awards No. 20-07) approving former Missouri State University employees to be added to the Wall of Fame. Those former employees to be honored are Dr. William Jack Bush, Gene Ellis, R. Todd Morris, Olan Oatman and Dr. Orin Robinson. Moved by Mr. Duggan. Seconded by Ms. Smith.
Motion passed 8-0.
He then presented offers of commendation to Sean M. Cain and Sarah F. Eubanks for services, respectively, as Student Body President and Vice-President for academic year 2006-2007. Moved by Mr. Duggan. Seconded by Ms. Smith.
Motion passed 8-0.

11. Staff Senate --- Mr. Ben Boslaugh, Chair of the Staff Senate, introduced Ms. Marline Faherty as the next Chair of the Staff Senate. He next commented that the Staff Senate is in support of the new Catastrophic Leave program which will be presented later in today’s meeting.
Mr. Franks then read a resolution from the agenda commending Ben Boslaugh for services as Staff Senate Chair for fiscal year 2006-2007. Moved by Mr. Hammons and seconded by Mr. Winston.

Motion passed 8-0.

12. Finance:
a. Development Report --- Dr. Don Aripoli, Acting Vice President for University Advancement, gave the development report for the ten months ending April 30, 2007. We are down about $1 million in total gifts received when compared to last year at this time. He also announced that we have sent proposals to a number of companies that assist with major campaigns and we hope to invite some of these companies to campus in the next few weeks to talk to us in more depth.

b. Financial Report --- Mr. Kent Kay, Chief Financial Officer, first asked Mr. Duggan to give a brief update on the first Finance Committee meeting held this morning. Mr. Duggan reported that they were given an educational piece to better understand the accounting system format for institutions of higher education. Mr. Kay next reviewed the March 31, 2007 financial statement with the Board.

c. Bank Depository Agreement --- Mr. Kay next presented a resolution (Purchase Approval No. 106-07) naming Bancorp South/The Signature Bank of Springfield as the depository of funds for Missouri State University and naming Great Southern Bank of Springfield as the provider of credit card services, both effective July 1, 2007 for a two year period. There are two additional one-year options to renew both contracts until June 30, 2011. Moved by Mr. Duggan and seconded by Ms. Sheid.

Motion passed 8-0.

d. Purchases/Contracts --- Mr. Kay then presented the following resolution for the Board’s consideration:

Approval of purchases exceeding $100,000 from May 5, 2007 through May 16, 2007 (Purchasing Activity Report No. 299-07).

Moved by Ms. Smith. Seconded by Mr. Hammons.

Motion passed 8-0.

13. Facilities and Equipment --- Mr. Greg Burris, Vice President of Administrative and Information Services, presented the following resolutions for the Board’s consideration:

Consenting to the granting of an alcoholic beverage license by the City of Springfield to Marco’s Pizzeria, 301 Park Central West (Miscellaneous No. 28-07).

Authorizing Missouri State University to file applications with and execute grants received from the Federal Transit Administration and the Missouri Department of Highways and Transportation (Federal No. 79-07).

Approval of University matching funds associated with FEMA grant funds to provide an emergency generator in the JQH Arena (Federal No. 80-07).

The phase two renovation of the Roy Blunt Jordan Valley Innovation Center (Bids & Quotations No. 1215-07); DeWitt & Associates, Inc., low bid of $2,562,400 for the base bid plus alternates 1, 2A, 2B, and 3; total project budget set at $3,440,000.

Professional engineering services in conjunction with the modernization at the Power House (Architects & Engineers No. 633-07); RMF Engineering, Inc., for an hourly not-to-exceed fee of $348,200 plus reimbursable expenses. Additional services of up to $35,000 as described in this agreement may be authorized and approved as necessary.

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

Motion passed 8-0.

14. Human Resources --- Mr. Burris then presented the following resolutions for the Board’s consideration:

Approving revisions to the Employee Handbook for Administrative, Professional and Support Staff - this revision adds a new category of leave – Catastrophic Medical leave, effective July 1, 2007 (Human Resources No. 1233-07).

Approving changes to the Employee Medical Insurance Plan - these changes allow coverage for participation in a credible tobacco use cessation program, including over-the-counter nicotine replacement therapies and prescription medications, and that spouses and eligible dependent children of Medicare-eligible retirees be covered under the University’s health insurance plan (Human Resources No. 1234-07).

Moved by Mr. Hammons and seconded by Mr. Winston.

Motion passed 8-0.

15. Purchases/Contracts (continued) --- Mr. Kay presented the following resolution for the Board’s consideration:

Approval of renewal of Group Life, Accidental Death & Dismemberment and Long-Term Disability insurance with the Hartford Life Insurance Company (Purchase Approval No. 107-07).

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

Motion passed 8-0.

16. 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. Franks 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 May 17, 2007 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 an employee of 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. Winston moved the approval of the resolution and Mr. Hammons seconded the motion.

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

Mr. Franks declared the resolution passed unanimously.


17. Date of Next Meeting --- The date of the next scheduled meeting was set for Friday, June 29, 2007 at 1:00 p.m. in Faurot Hall on the Mountain Grove Campus of Missouri State University in Mountain Grove, Missouri.

18. Adjournment --- Mr. Franks adjourned the meeting at 4:25 p.m. on the motion of Mr. Duggan, the second of Ms. Smith, and the unanimous vote of the Board.


John W. McAlear
Secretary