June 29, 2007

1. Roll Call
Present-Mr. James Buford, 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 (by conference call)
Mr. John Winston, Governor

Absent- Mr. Michael Duggan, 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 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 Faurot Hall on the campus of Missouri State University in Mountain Grove, Missouri.

3. Approval of Minutes:
a. Board of Governors’ Meetings --- Mr. Franks first asked for a motion for the approval of the minutes of the open and closed meetings of May 17, 2007. Mr. Winston 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 of the open and closed Executive Committee meetings of June 7, 2007. Mr. Hammons so moved. Ms. Sheid provided the second to the motion.

Motion passed 2-0 (Mr. Hammons and Ms. Sheid – members of the Executive Committee).

4. 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:

June 7, 2007 Executive Committee Actions
Concrete masonry unit walls for the JQH Arena (Bids & Quotations No. 1216-07); DeWitt & Associates, Inc., low bid of $570,000 for the base bid plus alternates 7 and 28.

Miscellaneous steel and railings for the JQH Arena (Bids & Quotations No. 1217-07); The Bratton Corporation, low bid of $1,970,015 for the base bid plus alternate 9.

Carpentry for the JQH Arena (Bids & Quotations No. 1218-07); DeWitt & Associates, Inc., low bid of $1,980,880 for the base bid plus alternates 7, 8, 9, and 28.

Sheet metal and louvers for the JQH Arena (Bids & Quotations No. 1219-07); A2MG, Inc., low bid of $535,719 for the base bid and combination bid deduct.

Membrane roofing for the JQH Arena (Bids & Quotations No. 1220-07); Queen City Roofing & Contracting, low bid of $974,500 for the base bid plus alternate 12.

Fireproofing for the JQH Arena (Bids & Quotations No. 1221-07); Apex Industries, dba Max True Fireproofing Co., low bid of $200,741 for the base bid.

Joint sealants and sealing for the JQH Arena (Bids & Quotations No. 1222-07); MTS Contracting, Inc., low bid of $288,260 for the base bid plus alternates 7, 9, and 28.

Glass and glazing for the JQH Arena (Bids & Quotations No. 1223-07); Builders Glass, Inc., low bid of $366,200 for the base bid plus alternate 7.

Polycarbonate exterior wall system for the JQH Arena (Bids & Quotations No. 1224-07); A2MG, Inc., low bid of $672,815 for the base bid.

Metal studs, drywall and ceilings for the JQH Arena (Bids & Quotations No. 1225-07); Artisan Construction Services, Inc., low bid of $2,574,750 for the base bid plus alternates 7, 8, 9, and 28.

Ceramic tile, resilient tile, and carpeting for the JQH Arena (Bids & Quotations No. 1226-07); Wilkerson’s Commercial Flooring, Inc., only bid of $442,300 for the base bid plus alternates 7, 8, 9 and 28.

Wood flooring for the JQH Arena (Bids & Quotations No. 1227-07); Acme Floor Co., Inc., low bid of $136,179 for the base bid.

Painting and wall coverings for the JQH Arena (Bids & Quotations No. 1228-07); MVP Painting LLC, low bid of $579,100 for the base bid plus alternates 7, 8, 9, and 28.

Fire protection system for the JQH Arena (Bids & Quotations No. 1229-07); Jayhawk Fire Sprinkler Co., Inc., low bid of $794,760 for the base bid plus alternates 7, 8, 9, and 28.

Plumbing for the JQH Arena (Bids & Quotations No. 1230-07); Allen’s Mechanical, low bid of $2,432,660 for the base bid plus alternates 7, 9, and 28.

Mechanical system for the JQH Arena (Bids & Quotations No. 1231-07); Allen’s Mechanical, low bid of $6,175,474 for the base bid plus alternates 7, 8, 9, 28, and the combination bid.

Electrical system for the JQH Arena (Bids & Quotations No. 1232-07); Sechler Electric, Inc., low bid of $2,911,175 for the base bid and alternates 6, 7, 8, 9, and 28.

Audio systems for the JQH Arena (Bids & Quotations No. 1233-07); MOR Sounds Inc., DBA Sounds Great, low bid of $495,726 for the base bid plus alternates 1, 2, 3, and 4.

Approval to modify the project budget for the JQH Arena (Bids & Quotations No. 1234-07); this modification redistributes $100,000 from the project contingency line item to the project administration line item; total project budget remains at $67,000,000.

Approval to increase the project budget for the elevator cylinder replacements for Cheek Hall, Craig Hall, and Ellis Hall (Bids & Quotations No. 1235-07); this $15,000 increase results in a new total project budget of $152,060.

Approval of a new extended, revised employment contract of Barry Hinson as Head Men’s Basketball Coach, effective July 1, 2007 (Human Resources No. 1236-07).

West Plains Campus
Approval of Purchasing Activity Report dated June 29, 2007 (West Plains Campus Purchasing Activity Report No. 25-07).

Approval of the Activity Report dated June 29, 2007 (West Plains Campus Activity Report No. 63-07).

Approval of actions concerning West Plains Campus academic employees (West Plains Campus Personnel No. 265-07).

Approval of actions concerning West Plains Campus nonacademic employees (West Plains Campus Personnel No. 266-07).

Springfield Campus Purchases/Contracts
Approval of purchases exceeding $100,000 between May 17, 2007 and June 15, 2007 (Purchasing Activity Report No. 300-07).

Design and Construction Items
Approval of Activity Report for the month of May 2007 (Activity Report No. 174-07).

Approval to increase the project budget for the William H. Darr Agricultural Center Phase II improvements – exterior signage and interior equipment (Bids & Quotations No. 1236-07); this $5,000 increase brings the new budget to a total of $20,000.

Approval of a License Agreement to accept a gift of construction relating to site improvements for the William H. Darr Agricultural Center (Gifts No. 147-07); Leo Journagan Construction Company desires to give site improvements to the Center.

Human Resources Items
Actions concerning academic employees (Human Resources No. 1237-07).

Actions concerning non-academic employees (Human Resources No. 1238-07).

Ms. Sheid moved to approve the Consent Agenda and Ms. Washington seconded the motion.

Motion passed 7-0.

5. President’s Office --- Dr. Michael Nietzel first presented a resolution (Human Resources No. 1239-07) approving the terms of employment of Dr. Drew Bennett as Chancellor of the West Plains Campus. Ms. Sheid so moved with Ms. Washington providing the second to the motion.

Motion passed 7-0.

Dr. Bennett thanked the Board for their vote of confidence in him for the position of Chancellor.

Dr. Nietzel next presented a resolution (Agreement No. 195-07) approving a twelve-month extension of the consultation agreement with Jerry Burch as legislative consultant to the University. The consultation fee will be increased by four percent which increases the annual compensation from $72,900 to $75,816. Moved by Mr. Winston and seconded by Ms. Smith.

Motion passed 7-0.

He then presented a resolution (Human Resources No. 1240-07) approving the FY08 Overview of Salaries and Benefits for Athletics Administrators and Coaches. Moved by Mr. Hammons. Seconded by Ms. Smith.

Motion passed 7-0.

Dr. Nietzel next presented a resolution (Finance No. 995-07) approving the University’s 2008 Internal Operating Budget. He reminded the Board that the Education and General portion of the budget was reviewed at the May Board of Governors meeting. Total projected revenues have increased 6.8% to $236.7 million for 2008. Total estimated expenditures have increased 6.7% to $234.8 million. The expenditures allotted for salary increases ended up representing a 5% salary pool which we believe is the largest of any of the public universities in Missouri for next year. Mr. Kent Kay, Chief Financial Officer, reviewed in more detail the Auxiliary System Fund and the Missouri State University-West Plains 2008 Operating budgets which were not reviewed in May. We did not increase the West Plains campus tuition rate due to the additional $500,000 in state appropriations received specifically for the West Plains Campus. Dr. Nietzel added that this budget includes a $600,000 increase in one-time reserve and an $800,000 increase in our ongoing reserve. Mr. Franks asked if there was a motion to approve the proposed 2008 Internal Operating Budget. Ms. Sheid so moved, receiving the second of Mr. Winston.

Motion passed 7-0.

Dr. Nietzel then presented a resolution (Policies & Procedures No. 125-07) approving the JQH Arena Complimentary and Reduced Basketball Season Ticket Policy. Motion made by Mr. Buford and seconded by Mr. Hammons.

Motion passed 7-0.

Dr. Nietzel next presented a resolution (Policies & Procedures No. 126-07) approving the JQH Arena Alcohol Policy. Sale and consumption of alcohol (beer and wine only) shall be limited to patrons of legal age, subject to all applicable laws and regulations, in the following restricted areas: suites, loge seats, and the PRIME Overtime Club. Moved by Ms. Sheid and seconded by Mr. Buford.

Motion passed 7-0.

He ended his report by presenting a resolution (Agreement No. 196-07) approving the JQH Arena Video Scoreboard Agreement with Great Southern Bank. Great Southern’s investment in a state-of-the-art video scoreboard will approximate $1.7 million. Moved by Ms. Smith and seconded by Mr. Hammons.

Motion passed 7-0.

6. Educational:
a. Faculty Senate Report --- Dr. Tom Kane, Chairperson for the Faculty Senate, commented on the Senate Executive Committee Merit System Evaluation Report based on a survey of the faculty. It was concluded that the evaluation process was managed better in some departments than in others. The Senate, Compensation Committee, and the Provost Office will use the results of this assessment to improve the next implementation of the system.

b. Report from the Provost --- Dr. Belinda McCarthy, Provost, asked Mr. Hammons, Chair of the Board’s Academic Affairs Committee, to report on the committee’s meeting this morning. Mr. Hammons reported that the committee heard an update on the Provost’s 2007-2008 academic priorities.

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

Establishing a new program – Master of Science in Applied Anthropology (Curriculum No. 312-07).

Approval of Department Restructuring Proposal: College of Natural and Applied Science restructure the Department of Applied Consumer Sciences into two units named: Department of Hospitality and Restaurant Administration, and Department of Fashion and Interior Design (Curriculum No. 313-07).

Termination of the Library Agreement with Forest Institute of Professional Psychology (Agreement No. 197-07).

Approval of International Partners Fee Waiver Program to reduce non-resident fees for graduate and undergraduate students from institutions with which Missouri State University has a cooperative agreement (Fees No. 128-07).

Approval of amendments to the Greenwood Laboratory School Parent/Student Handbook (Policies & Procedures No. 127-07).

Moved by Mr. Buford. Seconded by Mr. Hammons.

Motion passed 7-0.

7. Research and Economic Development --- Dr. Jim Baker, Vice President for Research and Economic Development, reported that through eleven months of the fiscal year, proposals submitted increased from 182 last year to 210 this year, and the dollars awarded increased from about $13 million to $18 million.

8. West Plains Campus --- Mr. Dennis Lancaster, Acting Chancellor of the West Plains Campus reported that Fall enrollment numbers show that we are up 4% in headcount and 9% in credit hours.

He then presented a resolution (West Plains Campus Student Policies No. 9-07) approving the Corps of Opportunity Program at the West Plains Campus. This is a combination of a scholarship program and a work-to-learn program. Moved by Ms. Sheid and seconded by Mr. Winston.

Motion passed 7-0.

Mr. Lancaster next presented a resolution (West Plains Campus Personnel No. 267-07) approving the FY08 Salary and Benefits Overview for Missouri State University-West Plains Athletics’ Coaches. Moved by Ms. Smith and seconded by Mr. Hammons.

Motion passed 7-0.

9. Student Affairs:
a. Report from Student Body President --- Mr. Orlando Hodges, Student Body President, reported that the SGA cabinet is making headway on their projects this summer.

b. Report from Vice President for Student Affairs --- Dr. Earle Doman, Acting Vice President for Student Affairs, first asked Ms. Sheid to report on the Student Affairs Committee meeting held this morning. Ms. Sheid reported that they are making headway on the “Governors Award of Excellence” that they hope to have in place this Fall. They plan on recognizing about six well-rounded students each year - one recipient at a time at the various Board meetings. She added that Governor Smith is heading up this project.
Dr. Doman then presented a resolution (Student Policies No. 94-07) approving changes to the Presidential Scholarship and Out-of-State Fee Waiver Program. Moved by Mr. Hammons and seconded by Ms. Smith.
Motion passed 7-0.

10. Staff Senate --- Ms. Marline Faherty, Chair of the Staff Senate, first introduced Ms. Kelly Barnts, the Chair-Elect of the Staff Senate. She then reported that the recent staff job satisfaction survey had a 69% response rate which is higher than any other survey conducted on our campus. The results were favorable with all job families falling within the normal range of job satisfaction.

11. Finance:
a. Development Report --- Dr. Don Aripoli, Acting Vice President for University Advancement, reported that we are on our way to our second best year in gift dollars received (last year was our best) and our best year in pledges received. He next presented the following resolutions for the Board’s consideration:

Approval of additional fringe benefits to be funded by Missouri State University or the Missouri State University Foundation for certain employees (Human Resources No. 1241-07).

Approval of rental rates for space in the Kenneth E. Meyer Alumni Center for various departments and university-related offices (Agreement No. 198-07).

Moved by Mr. Hammons and seconded by Mr. Buford.

Motion passed 7-0.

b. Financial Report --- Mr. Kent Kay presented the following resolutions for the Board’s consideration:

Approving the assignment of uncollectible Federal Perkins Education loans to the Department of Higher Education (Finance No. 996-07).

Approval to enter into a Planned Services Agreement with Johnson Controls, Inc. for a Building Environmental Specialist for the purpose of satisfying the terms of the Phase III Energy Performance Guarantee Contract (Agreement No. 199-07).

Approval of purchases exceeding $100,000 from June 16, 2007 through June 28, 2007 (Purchasing Activity Report No. 301-07).

Moved by Ms. Sheid. Seconded by Mr. Hammons.

Motion passed 7-0.

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

Approval of a lease agreement for the fifth floor of the Great Southern Building (Agreement No. 200-07).

Elevators at the JQH Arena (Bids & Quotations No. 1237-07); Otis Elevator Company, low bid of $177,985 for the base bid plus alternate one.

Approval of FY09 Capital Appropriations Request (Finance No. 997-07).

Approval of an Intergovernmental Agreement for law enforcement services with the City of Springfield for fiscal year 2008 (Agreement No. 201-07).

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

Motion passed 7-0.

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

Approval of amendment to Memorandum of Agreement between the University and the International Brotherhood of Electrical Workers, AFL-CIO Local Union 453 (Agreement No. 202-07).

Approving a change to the Employee Handbook regarding an employee’s responsibility to provide documentation supporting an absence from work due to illness or injury (Human Resources No. 1242-07).

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

Motion passed 7-0.

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. 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 June 29, 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(11). “Specifications for competitive bidding…”

C. R.S.Mo. 610.021(12). “Sealed bids and related documents…”

Mr. Buford 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, Franks, Hammons, Sheid, Smith, Washington, and Winston; those voting against – none; those absent – Governor Duggan.

Mr. Franks declared the resolution passed unanimously.

In the closed session, the Board of Governors renewed the contract with St. John’s Health Systems as the University’s preferred provider organization. Under the terms of the renewal, calendar year 2008 will be the first of five optional years that may be exercised by the University. The vote was 7-0, with Governors Buford, Franks, Hammons, Sheid, Smith, Washington, and Winston voting in favor of the motion.

15. Date of Next Meeting --- The date of the next scheduled meeting (a board retreat) was set for July 19-20, 2007 in Neosho, Missouri.

16. Adjournment --- Mr. Franks adjourned the meeting at 2:30 p.m. on the motion of Mr. Hammons, the second of Mr. Buford, and the unanimous vote of the Board.


John W. McAlear
Secretary