May 21, 2003


I. Call to Order

Chairperson Engel called the meeting of the Board of Regents to order at 7:12 p.m. in the Kansas Room of the Memorial Union.

II. Roll Call

Present were: Mr. Blair, Mr. Dick, Mr. Engel, Mr. Etzel, Mr. Felker, Mrs. Lee, Mrs. Parks and Mr. Roth.

III. Approval of Minutes of April 16, 2003 meeting as mailed

It was moved and seconded to approve the Minutes of the April 16, 2003 meeting as corrected. Motion passed unanimously.

* The correction was to change the word "it" in the last sentence of the first paragraph on page 3 following the word "said" to read "if."

IV. Officer Reports

A. Chair's Report

Chairperson Engel reported he spent a good deal of Wednesday last (May 14) at the Kansas Board of Regents office with the Task Force working on performance agreements to be used for institutions coordinated by that board. He said the group has made good progress and projected there still is six months work left to be done.

Chairperson Engel noted it is time to establish the nominating committee for upcoming elections and said he has asked Regents Parks, Etzel and Felker to serve on that committee and asked for ratification of the appointment of those persons to a nominating committee. It was moved and seconded to ratify the appointments of Regents Parks, Etzel and Felker to a nominating committee. Motion passed unanimously.

B. Committee Report(s)

1. Budget/Finance Committee

Chairperson Etzel of the Budget/Finance Committee reported the committee last met May 8 and highlighted the topics from the minutes of the committee which included discussions of the Debt Retirement and Construction Fund for FY'03 and for allocations for Fiscal Year 2004. He said the committee talked about plans for additional space to house the Washburn Endowment Association, internal control audits, the Fiscal Year 2004 budget sales tax projections, tuition and comparisons, and a timeline for the FY'04 budget.

Regent Etzel noted the committee also approved the quarterly report which is part of the agenda under the Treasurer's Report and also discussed the acceptance of a proposed gift by the Menninger Foundation of the Nunemaker facility. It was moved and seconded to adopt the committee report. Motion passed unanimously.

1. Academic Initiatives Committee

Mr. Roth, chairing the Academic Initiatives Committee, reported that since the September '02 meeting in which the five major academic unit deans outlined their academic program plans for the future, there have been five meetings held attended by a total of 96 faculty members, 40 percent of the faculty, during which faculty were invited to discuss the future of academics at the University. He reported that Vice President for Academic Affairs, Ron Wasserstein, took notes during these meetings which have been reduced to a 30-page booklet of recommendations. Vice President Wasserstein will pare down these recommendations to four or five which are most prevalent and then compare those to what the Deans mentioned at the retreat September last. Following that step, Vice President Wasserstein will visit with the Deans to go over all of the faculty recommendations to see if there is some consensus which can be reached about what direction is best for the University in the future. Thereafter, the Board will be asked to consider them.

Regent Roth noted that at each meeting Vice President Wasserstein told participants they could certainly feel free to contact him with any followup. He said 45 faculty members did so and there was not a complaint from any of them. He said the comments generally fell in two categories. One was that they appreciated the opportunity to meet with other faculty and to have a healthy discussion about educational issues. The other is they appreciated being able to sit down with members of the Board and talk about these issues. He said they indicated they have never heard of any school where Board members sat down with faculty and talked about these issues.

Finally, Regent Roth noted that Regent Parks had been actively involved in this process, meeting with Dr. Wasserstein today and has been very helpful. It was moved and seconded to adopt the committee report. Motion passed unanimously.

C. President's Report

President Farley noted commencement was held last Friday and Saturday. He said it was a grand occasion and lots of fun. He said there were over 700 graduates this year and noted the opportunity to honor the Honorary Degree recipients with a nice ceremony Friday evening and again hearing from them at the ceremonies on Saturday.

He said registration for summer school begins Tuesday next with classes to begin on Wednesday. He said grades were due today and it was noted at noon only one grade report had not been turned in.


Dr. Farley reported he recently participated in a conference call involving a national organization for college teaching and learning. He said the University had nominated a faculty member for a national award by this organization for innovative teaching. He said Dr. Sara Tucker, Professor of History, received the award at the organization's recent convention.

Dr. Farley updated the Board on the status of residence hall contract reservations. He said there are 396 for the Living/Learning Center, noting there currently is a waiting list. He said there still are, however, 39 spaces left at the combined residence halls of Kuehne and West. Of the contracts for the residence hall, 95 are upperclassmen though some may fall in that group of cancellations. In response to a question whether there was a limit on the number of upperclassmen who could live in the LLC, President Farley indicated the administration certainly did not want to fill up the LLC with upper class men and there is a limit of 100 upper class men for the hall.

In terms of projected fall enrollments, he said first time freshmen applications are up 13 percent and 250 new students total. He said there's no question we'll have record student credit hours next fall, noting the headcount for this year was 6,440.

D. Treasurer's Report

Vice President for Administration and Treasurer, Wanda Hill, presented the items set forth in IV.D. 1. Depository Security Transactions, 2. Liquidated Claims Approval - April, 2003 and 3. Quarterly Report for Quarter Ended March 31, 2003. It was moved and seconded to receive the Treasurer's report. Motion passed unanimously.

Chairperson Engel recognized the Director of Athletics, Loren Ferré, who updated the Board on the successes of the athletics program this year. Mr. Ferré said "it's been a great year." He said four programs who were champions in their programs in our conference. He reported there have been three coaches who have been named coaches of the year in the MIAA and two who have been named regional coaches of the year. He said two of the programs, in addition to being conference champions, also participated in the national championships. One is golf, which is presently participating in the national golf championships, and the other is the women's basketball team.

He reported student-athletes have been very successful in the classroom as the Athletic Department has a 2.9 GPA. He said 100 student athletes had a GPA of 3.0 or better; 51 a GPA of 3.5 or better; and 11 with a 4.0. He said one student athlete was cited as player of the year. That is Crystal Walker of the women's basketball team. He said the only problem with having a successful year like this is that it will be hard to duplicate next year. He noted the University will be fielding a varsity women's soccer team next year, noting some people feel we'll be "cannon fodder" for our competition. He said coach Tim Collins is excited with the team he's been able to recruit and that coach Collins doesn't necessarily agree with that assessment. He noted the University's soccer team will have its first test by facing a top finisher in women's soccer for its first game, the University of Nebraska-Omaha.


V. New Business

A. Consent Agenda:

It was moved and seconded to approve the Consent Agenda.

Approved by action of the Board:

1. Report of Purchases between $25,001 and $50,000

purchase of: Standard Definition Television (SDTV) Encoders for KTWU from Harris Communications in the amount of $35,125; motion detectors for various classrooms and offices from Lesser Electric, Inc. in the amount of $30,550; roof replacement over Memorial Union kitchen from Guilfoyle Roofing in the amount of $25,000;

2. Faculty Personnel

hiring, effective August 1, 2003: Paul Fecteau on full-time 9-month, non-tenure track renewable contract as Lecturer in English Dept. at an annual salary of $31,692; Patricia Kosinar on full-time, 9-month, tenure track contract as Instructor in Communication Dept. at an annual salary of $38,004; Gabriele Lunte on half-time, 9-month, renewable contract as Lecturer in Modern Languages Dept. at an annual salary of $15,000; Catherine Mallett on full-time, 9-month, tenure track contract as Assistant Professor and Director of Music Education in Music Dept. at an annual salary of $35,004; and,

3. Annual Request for Allocation from WEA Current Gift Fund

allocation of $89,500 from the WEA Current Gift Fund for expenditure for University purposes.

B. Action Items:

Chairperson Engel asked whether he could have consensus that agenda item C.1., presently as an information item, could be considered as item 5 in the Action Items. There was consensus for that change.

1. Capital Projects from the Debt Retirement and Construction Fund

Vice President Hill noted the list of capital projects ties in with the five year plan. She said what the Regents has before it this evening started out as $6 million in requests, including $1 million in electronic technology. She said these are requests which were all screened by the respective area heads and eventually, through a process involving Executive Staff, pared down to this list. Two items specifically mentioned in her presentation were the continuation of the fire alarm system project. She said we have just one more building, so next year that portion of the capital projects will not be as great. She said there are still a couple more floors in Garvey for the bat abatement program. She also noted several of the large items included are roof replacements. She said we have verified the revenue projections and it will include covering all bond payments. It was moved and seconded to approve the projects and equipment as detailed in the attachments to agenda item V.B.1. Motion passed unanimously.


2. Morgan Roof Replacement - Project #0331

Vice President Hill noted the current year budget included $110,000 for this project. She noted a completely new roofing system of the type we wanted to have installed was more costly than provided for in the budget so they proposed re-roofing the older section of Morgan Hall this year to followup next year to finish the project. She suggested the $110,000 in the budget this year be combined with year-end savings from Facilities Services in the amount of $10,000 to fund the project.

It was moved and seconded to approve the expenditure of $120,000 to contract with Guilfoyle Roofing for replacing the roof over approximately one-half of Morgan Hall. Motion passed unanimously.

3. Signage for Moore Bowl Stadium Renovation (Design/Build Contract)

Regent Dick noted he would be abstaining from discussion of this item as the owner of Luminous Neon Inc. is his neighbor and friend.

Vice President Hill noted four companies were contacted for a proposal to design/build for the signage for the stadium renovation. He said of the four contacted, only two submitted proposals. The Building Committee interviewed both of the responders and recommends Luminous Neon Inc. It was felt they presented the best ideas and concepts for execution. Vice President Hill noted there is an allowance in the project of $80,000 for the signage and Luminous Neon Inc. indicated it could do all of the signage within the budget. It was moved and seconded to approve the award of a signage design/build package to Luminous Neon Inc. for a "not to exceed" amount of $80,000. Motion passed unanimously.

4. Transitional Housing - Time line approval

President Farley indicated the purpose of this item is to determine whether a phone call meeting could be held a week from now for awarding a contract for the new housing project. Following discussion, it was the consensus of the Board that meeting will be held Wednesday next, May 28, at 8:30 a.m. The meeting will be a telephone conference call meeting.

5. Menninger's Nunemaker Facility Reloation

Dr. Farley noted that with the move of Menninger Clinic from Topeka an offer has been received for the donation of the building on its campus known as Nunemaker Chapel for Washburn. He said the gift would come with an endowment restricted for support of the facility in the amount of $82,750. He said the building is relatively small, comfortably seating 50 persons. He said there are a number of uses that building would be compatible for on our campus, such as music recitals, lectures, weddings and meetings. He said while the administration has not yet had the opportunity to refine the numbers, the projected cost for relocation of the building on our campus would be approximately $250,000. He said the University would raise funds through the Washburn Endowment Association from private sources to relocate the building. He said there are a number of sites which would be possible to site the building.


He asked Regent Etzel to talk about the project. Regent Etzel indicated his wife, Carole, first suggested the University try to get the building when the move from the Topeka area was first announced by the Menninger Clinic several years ago. He said he believes "it would be a home run for fund raising" as he just can't imagine we wouldn't be able to raise funds for this project. He said he has visited with a building mover who estimated a cost of $25,000, excluding utility relocation. He said the mover suggested that an independent contractor be hired to remove the stained glass window as well as the glass in the upper portion of the structure to make the move somewhat easier.

He said he's been engaged in ongoing dialogue with John McKelvey, who is president and CEO of the clinic, who would like to have Washburn present a timing plan for moving the building so they could resolve the issue with the Attorney General's office regarding disposition of the endowment for the building. He said he recommended we say 'yes, we'll accept' and then develop our plan. He said he, along with Chairperson Engel, participated in a little tour of the campus with Dr. Farley and Mr. Ellis for various potential sites. He said the building is approximately seven years old.

In response to a question from Regent Blair, Mr. Etzel indicated removal of the building does not require us to restore the site, removing the pad or any of that on the Menninger campus.

It was moved and seconded to accept the gift under the terms offered by the Menninger Clinic. In discussion which followed, Regent Lee noted one of the most beautiful parts of the structure is at its back where they have a glass wall overlooking a grove of old trees. She suggested when choosing the site for its placement on the campus that that feature needs to be there.

In response from a query concerning application of the First Amendment adding the structure to the campus, Chairperson Engel indicated he'll find cases both ways on the issue. He noted a number of campuses in the state already have chapels and, in fact, several have had additions made to them. He noted the chapel at Kansas State University had two additions made to it.

In response to a query whether there is a "drop dead move date" for complying with the terms of the gift, Regent Etzel noted Mr. McKelvey has indicated he will still have an office on the Menninger campus following the move and there isn't a firm "drop dead" date. Dr. Farley noted they would like us to tell them when the move will occur, noting there is not imminent pressure to make the move and said if we make the move by fall or even as late as January that would be acceptable.


Regent Dick noted in the context of issues, the acceptance of the gift has in terms of siting and facade changes to the building to make it more compatible with existing campus buildings that even building a 1,500 sq. ft. structure around it couldn't cost more than $250,000. He said he didn't think there was anything unsolvable with respect to this proposal. He indicated it would be sufficient for the University to accept the gift in action tonight then instruct the administration to make specific proposals with respect to facade, siting, and landscaping at a future meeting. He noted he didn't think fundraising for this project would compete with fundraising for the new art building by the Mulvane. He said we have been at that fundraising project for a while and did not think this one would significantly compete with that facility.

Mayor Felker noted he didn't think there was anything insurmountable with this project. He noted with respect to the legal issue, the Ward Meade recently authorized construction of a country chapel. He said there are enough places on this campus the building could be sited. He noted there are now cheaper alternatives to placing stone-like facade on buildings and with the Nunemaker name it should be relatively easy to conduct fundraising because she is such a well respected person in the community.

On call of the question, the motion to accept the gift of the Nunemaker Facility from Menninger Clinic was passed unanimously. The administration was instructed to develop a comprehensive plan identifying potential siting locations and costs associated with the move and installation of the facility on the campus. The administration will send a list of sites in advance. Regent Engel added a site #6 to a draft plan circulated at the meeting. The new location is just south of the Union and east of Benton Hall.

Chairperson Engel reminded the Board members that a special telephone conference call meeting has been scheduled for Wednesday, May 28, 2003 at 8:30 a.m.

Board Chair Engel inquired whether there was any further business to come before the Board. Hearing none, Board Chair Engel adjourned the meeting of the Board of Regents at 8:51 p.m..


Kenneth P. Hackler

Secretary, Board of Regents


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