January 26, 2007

1. Roll Call
Present - Mr. Michael Duggan, Governor (by conference call)
Mr. Brian Hammons, Governor (by conference call)
Ms. Mary Sheid, Vice President of the Board (by conference call)

Absent - Mr. Michael Franks, President of the Board

Also
Present - Michael Nietzel, President
Greg Burris, Vice President for Administrative and Information Services
John Black, General Counsel (by conference call)
Paul Kincaid, Chief of Staff
Ken McClure, Associate Vice President for Administrative Services
Earle Doman, Acting Vice President of Student Affairs
Doug Sampson, University Architect
Kent Kay, Chief Financial Officer
John McAlear, Secretary of the Board

2. Presiding --- The presiding officer for the conference call meeting was Ms. Mary Sheid, Vice President of the Board of Governors. She called the Executive Committee meeting to order at 9:00 a.m. in the Turner Family President’s Conference Room in Carrington Hall on the campus of Missouri State University in Springfield, Missouri.

3. Purchases/Contracts – Mr. Kent Kay, Chief Financial Officer presented the Purchasing Activity Report for the period of January 4, 2007 through January 24, 2007. This report included an estimated $175,000 for inside plant telecommunications wiring and a $27,000 sole source item for Arts & Letters. Moved by Mr. Hammons and seconded by Mr. Duggan.

A roll call vote was taken – Governors Duggan, Hammons, and Sheid voted for the motion; no one voted against.

Motion passed 3-0.

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

The footing and foundation concrete portion of the work for the JQH Arena - DeWitt & Associates, Inc.; low bid of $2,476,000 for the base bid. Total project budget established at $67,000,000.

The Foundation waterproofing portion of the work for the JQH Arena – Restoration & Waterproofing Contractors, Inc.; low bid of $74,769 for the base bid. Total project budget established at $67,000,000.

The site chilled water piping portion of the work for the JQH Arena – Darrah Contracting, Inc.; low bid of $498,000 for the base bid. Total project budget established at $67,000,000.

The underground electrical portion of the work for the JQH Arena – A1 Electric Service, Inc.; low bid of $51,400 for the base bid. Total project budget established at $67,000,000.

The underground plumbing portion of the work for the JQH Arena – Connelly Plumbing Company; low bid of $188,140 for the base bid. Total project budget established at $67,000,000.

Approval to modify the project budget for the JQH Arena – the modification transfers $151,300 from the Project Contingency line of the budget to the Consultant Fees line of the budget. This transfer does not increase the overall budget.

A discussion was then held on the project budget recap information that was included in the “Comments” section of each resolution. Also, the committee members were appreciative of the additional information provided on what is defined as the October 27, 2006 “approved project budget” of $67,000,000. Mr. Burris reiterated that gifts not previously budgeted but received after the October 27, 2006 date will increase the “additional scope” budget, and that the staging area expenses will be paid from the separate auxiliary transit system budget.

Mr. Duggan made a motion to approve the resolutions presented, receiving the second of Mr. Hammons.

A roll call vote was taken – Governors Duggan, Hammons, and Sheid voted for the motion; no one voted against.

Motion passed 3-0.

5. President’s Report --- Dr. Michael Nietzel presented a resolution approving that the Board of Governors join as a Friend of the Court in opposition to imposition of punitive damages against public institutions of higher education in the State of Missouri, or their employees, and that legislation be pursued as determined appropriate by the President and General Counsel to preserve and enforce sovereign, official and governmental immunities. It was explained that this case involved the University of Missouri at St. Louis. Mr. John Black, General Counsel, commented that other public institutions of higher education as well as public elementary and secondary schools could join as Friends of the Court. After a short discussion, the Committee decided to delegate this authorization to Dr. Nietzel and Mr. Black if they are comfortable with the Friend of the Court brief. Mr. Duggan moved to approve the resolution, receiving the second of Mr. Hammons.

A roll call vote was taken – Governors Duggan, Hammons, and Sheid voted for the motion; no one voted against.

Motion passed 3-0.

6. Next Meeting --- The next Executive Committee conference call meeting will be held on Friday, February 23, 2007 at 10:00 a.m.

7. Adjournment --- Ms. Sheid adjourned the meeting at 9:45 a.m. on the motion of Mr. Duggan, the second of Mr. Hammons, and the unanimous vote of the Committee.


John W. McAlear
Secretary