October 26, 2012



OCTOBER 26, 2012

1. Roll Call

Present- Mr. Stephen Bough, Governor

Ms. Elizabeth Bradbury, Governor

Mr. Gordon Elliott, Chair of the Board

Mr. Peter Hofherr, Governor (by conference call)

Mr. Stephen B. Hoven, Governor

Ms. Paige Jenkins, Student Governor

Mr. Orvin Kimbrough, Vice Chair (by conference call)

Ms. Beverly Miller, Governor

Ms. Cathy Smith, Governor

Mr. John Winston, Governor


Present- Clifton Smart III, President

Drew Bennett, Chancellor of the West Plains Campus

Frank Einhellig, Interim Provost

Earle Doman, Vice President for Student Affairs

Ken McClure, Vice President for Administrative and Information Services

Jim Baker, Vice President for Research and Economic Development and International Programs

Kenneth Coopwood, Vice President for Diversity and Inclusion

Stephen Foucart, Interim Chief Financial Officer

Brent Dunn, Vice President for University Advancement

Penni Groves, Interim General Counsel

John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the meeting was Mr. Gordon Elliott, Chair 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. Approval of Minutes:

a. Board of Governors’ Meetings --- Mr. Elliott mentioned that the first item of business was the approval of the minutes for the open and closed meetings of August 3, 2012; October 9, 2012; October 10, 2012; and October 15, 2012. Mr. Hoven so moved, receiving the second of Mr. Kimbrough.

Motion passed 9-0.

4. Consent Agenda --- Mr. Elliott 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:


Approval of terms of employment of Deborah Dishman, Assistant Director of Athletics for Business Administration (Human Resources No. 1397-12).

West Plains Campus

Approval of Activity Report dated October 26, 2012 (West Plains Activity Report No. 97-12).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 345-12).

Approval of actions concerning West Plains Campus non-academic employees (West Plains Campus Personnel No. 346-12).

Approval of FY2013 Salary and Benefits Overview for a Missouri State University-West Plains Assistant Coach (West Plains Campus Personnel No. 347-12).

Approval of Revision of the Code of Student Rights and Responsibilities for the West Plains Campus (West Plains Student Policies No. 11-12).

Springfield Campus Purchases/Contracts

Approval of Procurement Activity Report for the period August 4, 2012, through October 10, 2012 (Purchasing Activity Report No. 377-12).

Facilities and Equipment

Approval of Activity Report for the month of July 2012 (Activity Report No. 236-12).

Approval of Activity Report for the month of August 2012 (Activity Report No. 237-12).

Approval of Activity Report for the month of September 2012 (Activity Report No. 238-12).

Replacement of classroom carpet on multiple floors in Glass Hall (Bids & Quotations No. 1416-12); Bales Construction Co., Inc., low bid of $189,300 for the base bid and alternates 1, 2, and 3; total project budget established at $230,000.

Approval of the third renewal of the contract for Outside Plant Telecommunications Wiring (Bids & Quotations No. 1417-12); A-1 Electric Service, Inc., with a 7.5% increase over the original contract pricing as previously bid. The term of the renewal is from November 1, 2012, through October 31, 2013.

Approval to increase the project budget for the Science Scholars’ Laboratory addition to Greenwood Laboratory School (Bids & Quotations No. 1418-12). This $4,000 increase brings the new approved total project budget to $2,604,000.

Approval to grant a temporary construction easement for the storm water improvements needed as a result of the intersection improvements at Monroe Street and National Avenue (Land No. 104-12).

Approval of the granting of easements to the City of Springfield for the redesign and construction of the street improvements planned on Grand Street (Land 105-12).

Approval of the transfer of a power pole located at the Robert W. Plaster Center for Free Enterprise and Business Development to City Utilities of Springfield (Facilities No. 41-12).

Approval of second addendum to sublease regarding the Department of Defense and Strategic Studies’ building space in Fairfax, Virginia (Agreement No. 304-12).

Approval of a lease agreement for radio tower space for KSMU-West Plains between Missouri State University and Tom and Shawn Marhefka (Agreement No. 305-12).

Approval of Letter of Intent between Missouri State University (MSU) and the University of Missouri-Kansas City (UMKC) regarding Lease Space for the Doctor of Pharmacy Program (Agreement No. 306-12).

Human Resources Items

Actions concerning academic employees (Human Resources No. 1398-12).

Actions concerning non-academic employees (Human Resources No. 1399-12).

Approval of amendments to the Memorandum of Agreement between Missouri State University and the International Brotherhood of Electrical Workers (IBEW), AFL-CIO, Local Union 453 (Agreement No. 307-12).

Approval of Shared Leave Pool (Board Policies No. 77-12).

Approval of addendums to certain athletics employees’ contracts of employment (Human Resources No. 1400-12).

Mr. Winston made a motion to approve the Consent Agenda, receiving a second from Ms. Bradbury.

Motion passed 9-0.

5. President’s Report --- Mr. Clif Smart, President, first reported that we are spotlighting student members of the Sports Medicine and Athletic Training Quiz Bowl Team today. This team won both the state and district levels of the National Athletic Trainers’ Association Quiz Bowl competition and then finished sixth in the national competition. Mr. Gary Ward, emeritus faculty in the Sports Medicine and Athletic Training Department, then introduced the members of the team: Jillian Burrows, a graduate student in the Master of Science in Athletic Training program from Smithton; Amber Wilson, a graduate student in the Master of Science in Athletic Training program from Springfield; Michael Lane, a senior athletic training major from St. Louis; and, Josh Bell, a senior athletic training major from Lebanon. All four were undergraduates at the time of competition.

Mr. Smart next presented a resolution (Finance No. 1022-12) approving the FY2013 Revised Budget and plan for a mid-year salary increase for full-time employees. He explained that in our original 2013 Budget, we had anticipated Governor Jay Nixon withholding almost 8% of our state appropriation, but he only withheld 1%. We have about $4.7 million in the budget not allocated. It is proposed to provide: a) a 2% salary increase, beginning in January for staff and in February for faculty; b) ongoing and one-time partial restoration of the President’s enhancement fund; c) dedicated funding for ongoing programs that are growing; d) a reimbursement to the Colleges for summer school fringe benefits; and e) restoration of the original reduction in the West Plains campus’s annual budget. Since the salary increase is at mid-year, there is about $1.1 million available for one-time use the remainder of this year. A program will be set up to allow departments to put in proposals for these funds. Of this amount, $250,000 has already been designated for a specific program to help with university development. Mr. Smart added that the Finance Committee unanimously supported these plans at their meeting this morning. The Executive Budget Committee has also unanimously supported these plans. Mr. Kimbrough moved the approval of the resolution as presented, receiving the second of Mr. Hoven.

Motion passed 9-0.

Mr. Smart then presented a resolution (Awards No. 46-12) for the awarding of the 2012 Bronze Bear Award to The Journagan Family, who are longtime friends of Missouri State University. In 2010, they donated their 3,000+ acre Douglas County ranch, which includes 1,000 head of cattle, equipment, and other ranch facilities to Missouri State University. They have also invested in the University in the following areas: William H. Darr Agriculture Center, Robert W. Plaster Sports Complex, Intercollegiate Athletics, KSMU, and Ozarks Public Television. So moved by Mr. Winston and seconded by Ms. Miller.

Motion passed 9-0.

Mr. Hofherr left the meeting at this time.

Mr. Kyle Moats, Director of Intercollegiate Athletics, and Dr. Jim Hutter, Faculty Athletics Representative (FAR), next presented a report on: 1) the structure and positive impact the FAR has on the intercollegiate athletics program; 2) our NCAA compliance; and 3) highlights from the past year. Dr. Hutter explained that the FAR is appointed by the President and that his primary responsibilities are to promote academic integrity by monitoring academic eligibility and overseeing compliance. He also informed the Board of the existence of the Intercollegiate Athletics Committee which serves in an advisory capacity to the University President and mentioned the services offered by the Achievement Center for Intercollegiate Athletics. He added that Missouri State University received full NCAA Certification on August 18, 2012. Mr. Moats then reported that, currently, all MSU teams meet or exceed the Academic Progress Report requirements. He reported that we have previously chosen to meet Prong 1 for Title IX requirements, which means that we need to provide athletic participation opportunities that are substantially proportionate to the student enrollment. He pointed out that for Fall 2012, we are a little off when compared to previous years – females make up 53.5% of our student-athletes while females make up 56.7% of our student body. Mr. Smart explained that more than 58% of our entering Freshmen were female and he has asked Mr. Moats to evaluate if it might be appropriate, and at what cost, to add another women’s athletic program. Mr. Moats ended his presentation by reporting that in 2011-12, we captured the Missouri Valley Conference All Sports Trophy – the first time we had won this award since 2002-03.

6. Academic Affairs:

a. Report from Academic Affairs Committee --- Ms. Bradbury, Chair of the Board’s Academic Affairs Committee, reported that they had an excellent meeting this morning which included reports on: a) Key Performance Indicators of the West Plains Campus; b) progress on the staff and faculty awards for Excellence in Public Affairs; c) using our website to keep track of the Key Performance Indicators of the Springfield Campus; d) an overview of the College of Health and Human Services; and e) progress on the redevelopment of our General Education Program.

b. Faculty Senate Report --- Dr. Chris Herr, Chairperson of the Faculty Senate, first recognized the hard work by the Board of Governors and the Presidential Search Committee in hiring Mr. Smart as our president. He then reported that the Senate held a special meeting for all faculty on August 28, 2012, to discuss the challenge to a Senate Action that would have made change of modality of a course (for example, from face-to-face instruction to online instruction) a substantive change in the curricular process. This action would have allowed for faculty oversight of this type of change. The challenge was upheld so the Action did not move forward to the administration. He also reported that the main business of both their September and October meetings was the discussion and adoption of the proposed structure for General Education. The final approved structure has 45-50 hours, but no upper division 3-hour General Education requirement.

c. Report from Provost --- Dr. Frank Einhellig, Interim Provost, first named the recipients of the Missouri State University Foundation Awards for Excellence in Teaching, Research, and Service, some of whom were present:

Teaching – Margaret Weaver (English) and James Moyer (Religious Studies)

Research – Jim Baumlin (English) and Lifeng Dong (Physics & Astronomy)

Service – Mary Pardue (Media, Journalism, and Film) and Judith Fowler (Art & Design)

Dr. Einhellig next reported on a number of career fairs that have been held on campus.

7. Research and Economic Development & International Programs --- Dr. Jim Baker reported that he is excited about our growth in International Programs – we now have six partner universities in Brazil, two partners in Chile, and one partner in Columbia. He then presented a resolution (Agreement No. 308-12) for the Approval of the Proposal to Establish the Foreign Language Institute and the Ratification of Memorandums of Understanding and Agreements regarding the Foreign Language Institute between Missouri State University, Drury University, Evangel University, Southwest Baptist University, and Ozarks Technical Community College.

Motion passed 8-0.

8. Diversity and Inclusion --- Dr. Kenneth Coopwood, Vice President for Diversity and Inclusion, provided a report highlighting the Division’s first-year accomplishments and major undertakings. He then addressed upcoming undertakings which include the first annual statewide collaborative Diversity Conference to be held on our campus on April 18-19, 2013. He also mentioned an upcoming university climate study as a tool for management resources.

9. West Plains Campus --- Dr. Drew Bennett, Chancellor of the West Plains Campus, first presented a resolution (West Plains Administration No. 18-12) for approval of the 12 Key Performance Indicators for the West Plains Campus. Moved by Mr. Winston. Seconded by Ms. Bradbury.

Motion passed 8-0.

Dr. Bennett next reported on the improved student success rates in the pilot studies of their developmental Math and English courses. He then updated the Board on their 50th anniversary calendar of events – the West Plains Campus was established as a Residence Center in 1963.

10. Student Affairs:

a. Report from Student Affairs Committee --- Ms. Cathy Smith, Chair of the Board’s Student Affairs Committee, reported that they heard a presentation from Veterans Services, reviewed the draft of the Excellence in Public Affairs awards for faculty and staff, and discussed topics for upcoming meetings. The need for a larger veteran-student lounge was discussed. She also reported that, earlier this week, they chose this year’s Citizen Scholar Award recipients who will be introduced at the December meeting.

b. Report from Student Body President --- Ms. Paige Oxendine, Student Body President, gave a report which included her thanks to President Smart and the Board for allowing her to travel to China last week to visit Missouri State’s branch campus in Dalian, China. She also reported that SGA is in strong support of the proposed $2 increase in the Taylor Health Center student fee to be taken up later in today’s meeting. As far as the proposed $8 transcript fee, she reported that SGA was in strong opposition to this proposal last year. Recognizing that a fee is now necessary to address the costs of providing transcripts, she asked if the Board would consider a lesser amount.

c. Vice President for Student Affairs --- Dr. Earle Doman, Vice President for Student Affairs, reported that the new Bill R. Foster and Family Student Recreation Center, dedicated this morning, is being well used – as of a couple of weeks ago, we were approaching 11,000 students who had activated their membership.

11. Staff Senate --- Ms. Dixie Williams, Chairperson for the Faculty Senate, reported that staff at Missouri State University contributed over $2,500 in support of Breast Cancer Awareness.

12. Financial:

a. Development Report --- Mr. Brent Dunn, Vice President for University Advancement, first reported that there are about 50 different Homecoming events going on this weekend. He then reported that total gift dollars received through September, 2012, are down about one million when compared to last year. This relates to a timing difference of a gift-in-kind received last year which has not yet been recognized this year.

b. Financial Report ---Mr. Steve Foucart, Interim Chief Financial Officer, first presented a resolution (Fees No. 139-12) approving a $2 increase in the Taylor Health Center Fee and a new transcript fee of $5. To address the student body’s wishes regarding a smaller-than-proposed transcript fee, the originally proposed fee of $8 was reduced to only $5. Moved by Ms. Bradbury and seconded by Ms. Miller.

Motion passed 8-0.

He next presented a resolution (Agreement No. 309-12) for the approval of Amendment #4 to Chartwell’s contract. He first explained that in the first two years of Chartwell’s contract, they have invested approximately $6.4 million toward the new food venues in the Plaster Student Union and the Meyer Library and the renovated Dining Centers in Blair-Shannon and Garst. This contract amendment has the University paying Chartwell’s a total of $384,000 to be payable in twelve equal monthly payments due to a lower than anticipated boarder rate over the first two years of the contract than compared to estimated enrollment counts that were included in the Request for Proposal. Moved by Mr. Winston and seconded by Mr. Hoven. Mr. Smart and Mr. Kimbrough both remarked that there was extensive conversation on this topic in today’s Finance Committee meeting. Mr. Smart added that we do not anticipate proposing a similar amendment in the future.

Motion passed 8-0.

Mr. Foucart then presented a resolution (Purchasing Activity Report No. 378-12) for purchasing activities from October 10, 2012, through October 26, 2012. Motion made by Mr. Hoven, with the second being provided by Ms. Smith.

Motion passed 8-0.

13. Facilities & Equipment --- Mr. Ken McClure, Vice President for Administrative and Information Services, first announced that the planned resolution for the consultant in conjunction with the proposed Welcome Center is not being presented to the Board for its approval as the cost of this initial phase is below that which would require Board action.

He next presented a resolution (Bids & Quotations No. 1419-12) approving to increase the project budget for the construction of classrooms at the Plaster Sports Complex. This $75,000 increase brings the new project budget to a total of $917,000. Moved by Mr. Bough and seconded by Ms. Bradbury.

Motion passed 8-0.

Mr. McClure next presented a resolution (Land Purchase No. 101-12) for the purchase of property at 1141 East Monroe Street, Springfield, Missouri, from United Campus Housing, LLC. The property, known as The Monroe, is being purchased at a cost of $8 million, the appraised value. All leases of those currently occupying the facility will be honored through July 31, 2013, at which time they expire. At that time, subsequent leases will conform to Residence Life policies. This will increase our housing capacity from 3,914 to 4,036. Moved by Mr. Winston. Seconded by Mr. Hoven.

Motion passed 8-0.

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

Approval to participate in the Dental Health Alliance dental network through third-party administrator Med-Pay, Inc., (Purchase Approval No. 127-12). The University’s projected savings are $34,000 based on 2012 annualized data.

Acceptance of proposal submitted by Mercy for Preferred Provider Organization (PPO) network access (Purchase Approval No. 128-12). The University anticipates saving more than $2.43 million annually. This is for a three-year period ending December 31, 2015; however, on a positive note, the contract is effective November 1, 2012. The contract includes four additional one-year renewals.

Mr. Elliott then asked for a motion regarding the approval of the dental network (Purchase Approval No. 127-12). Moved by Ms. Bradbury and seconded by Ms. Smith.

Motion passed 8-0.

He then asked for a motion regarding the Mercy PPO network access (Purchase Approval No. 128-12). Ms. Bradbury so moved, receiving the second of Mr. Winston. Ms. Miller commented that she will abstain from this vote as she is a member of the Board of Directors of Mercy in Lebanon, Missouri. Mr. Smart commented that the Board’s Finance Committee has been involved with this for six months – there has been significant Board involvement with this decision before today. Mr. Smart also remarked that, since he is on the Board of Directors of Cox Hospital, he assigned this project to Mr. McClure.

Motion passed 7-0-1 (Ms. Miller abstained).

15. Unfinished Business --- Ms. Penni Groves, Interim General Counsel, then presented a resolution (Bylaws No. 22-12) proposing a Board Bylaw amendment. She explained that this is the second reading of this proposed amendment. The amendment would change the meeting at which annual officer elections would be held from the first regular meeting of the fiscal year to the meeting held in connection with the University’s homecoming festivities. The newly elected officers would then start their term on the following January 1.

Moved by Mr. Winston, receiving the second of Mr. Hoven.

Motion passed 8-0.

16. New Business – Mr. Elliott announced that with the new Bylaw change, we are ready for the election of officers for calendar year 2013. Ms. Smith then moved the following slate of officers: Chair – Mr. Orvin Kimbrough; Vice-Chair – Ms. Beverly Miller; Secretary – Mr. John McAlear; and, Treasurer – Mr. Steve Foucart. Mr. Winston provided the second to the motion.

Mr. Elliott asked if there were any other nominations. Hearing none, he asked for a vote on the motion.

Motion passed 8-0.

Mr. Kimbrough remarked that he was excited and that he was looking forward to the coming year. Ms. Miller commented that she was very honored and appreciates the confidence of the other board members.

17. Date of Next Meeting --- The date of the next regularly scheduled meeting was set for Friday, December 14, 2012, at 9:00 a.m. on the Springfield Campus.

18. Adjournment--- Mr. Elliott adjourned the meeting at 3:25 p.m., on the motion of Mr. Bough, the second of Mr. Hoven, and the unanimous vote of the Board.

John W. McAlear