WASHBURN UNIVERSITY OF TOPEKA

BOARD OF REGENTS

MINUTES

November 11, 2005

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I. Call to Order



Chairperson Paul called the meeting to order at 4:08 p.m. in the Kansas Room of the Memorial Union.



II. Roll Call



Present were: Mr. Blair, Mr. Bunten, Mr. Gaines, Mrs. Parks, Mrs. Paul, Mr. Roth and Mr. Storey.

III. Approval of Minutes of September 9-10, 2005 meeting as mailed.



It was moved and seconded to approve the Minutes of the September 9-10, 2005 meeting as mailed. Motion passed unanimously.



IV. Officer Reports



A. Chair's Report



Chairperson Paul said in light of the length of the agenda she would not make a report.



B. Committee Report(s)



1. Audit Committee

a. 2004-2005 Audit Reports - BKD, LLP



Audit Committee Chair Paul said that the committee met recently with representatives of BKD to go over the audit for 2005 fiscal year. She introduced Abe Cole, saying questions concerning the audit could be addressed to him. Mr. Cole credited the University staff for their efforts in working with BKD on the audit, especially how prepared and cooperative they were in assisting BKD.



President Farley said this is the first year BKD has done the audit for the University. He said that from all reports the firm has done ag great job. He said they were very methodical and paid great attention to detail and finished the audit on time.



It was moved and seconded to accept the Audit Report. Motion passed.



C. President's Report



President Farley introduced John Frieden who, as counsel for Heartland Park Topeka, said there is a proposal to expand and make improvements to Heartland Park to be able to host the SCCA rally.



Mr. Frieden said this is a very big event which would bring in a lot of visitors. He said the project is approximately $22 million, of which $10 million will be derived from the sale of Star Bonds. He said the proposal would have Washburn University forego revenues from that part of the county-wide sales tax from sales occurring in the defined premises - Heartland Park - to pay the bonded indebtedness until the bonds are retired. He said the revenues derived from increased sales in the county from the presence of persons attending the SCCA rally would well offset any loss of sales tax revenues to the University from sales in that area. He predicted that attendance at the rally would be between 100,000-400,000 people. He said the current sales tax collections by the University for the defined area is approximately $8,000 a year. Mr. Frieden noted the track already has a contract for three years of the SCCA rally and would anticipate additional years as there is only one other facility in the United States at which this event can be hosted. Mr. Frieden reported that the county, city and state are already supporting the project through pledging their respective sales tax revenues from the premises. He said the county has pledged its .5% sales tax, the state's it's 5%, and the city's 1%. The President said he believes the proposal is reasonable and should generate a ten-fold increase in increased sales tax revenues from the sales in that area.



It was moved and seconded to participate in the project by pledging the .65% county-wide sales tax for support of the project, foregoing receipt of those revenues from sales in the defined premises for the life of the Star Bond. Motion passed.



President Farley introduced Bill Newsome and Henry McClure, to make a presentation concerning the proposed College Hill project. Mr. Newsome, representing Southwind Corporation, said their company is Lawrence-based and specializes in student housing across the country. He said Southwind Corporation is the largest student landlord at KU and KSU. He said they have partnered with Treanor and Associates Architects for design of the project. He said the project consists of 169 rental units ranging in size from one bedroom to four bedrooms and 26 for sale town homes averaging 1,200 square feet. He said this is new urbanism as it's a fairly dense project combining vehicular and pedestrian traffic, housing and shopping for goods and services. He said the retail area would be comprised of restaurants, coffee shop, bike shop, outdoor fitter, ice cream shop, haircutting establishments and softgood retailers. He said the Washburn students have said it is a priority for the student body to dramatically change the College Hill neighborhood. He said the project involves acquisition of 40 properties and that Southwind has been able to come to agreement with 15 of the 19 property owners. He said the project is budgeted for $24 million, of which $6.5 million would be TIF eligible. The rest would be supported by Southwind and private equity. Two of the parcels of property proposed for the project are owned by Washburn University. One parcel is at the northwest corner of Washburn and 17th Street, the other is the Facilities Services office and shops at 1518 SW Washburn. He asked that the Board of Regents consider taking back a note on the sale of the properties so that Southwind would not have to use its TIF budget for the project. He said the sale of the property would be on the appraised value of the property, which he said is approximately $300,000.



In response to a question from Regent Parks about the effect the College Hill project might have on occupancy of campus housing, Mr. Newsome said the ratio of campus beds to full-time student equivalency is relatively low. He said the Washburn University study for student housing led to the construction of the Living Learning Center which attracted students. That, in turn, led to the construction of transitional housing for students on campus at the Washburn Village. He said what they propose now is stage III.



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Regent Blair said he thinks it is a terrific project and he wishes it had been done a long time ago. He wondered that were the project successful whether this might lead to more upgrading in the College Hill area. Henry McClure said the answer to that question is yes, success at this area would stimulate competition, perhaps, with other developers.



Kate McCowan, President of the Washburn Student Government Association, said she is really excited to see Southwind's proposed project. She said she believes the students would love nothing more than to see this project complete. She said she believes that even with the construction of the College Hill project, the University still would be able to fill the LLC and Washburn Village. She said the student body is behind the project 100%.



President Farley noted that the Board of Regents last spring approved the creation of a Faculty Senate and introduced the new chair of the group, Professor Jacobs.



Professor Jacobs said the body is a brand new body with 36 representatives and one which is finding its own way. He said they've already established some key committees, academic affairs and faculty affairs, and has been meeting regularly every two weeks. He said the most important item they've worked on thus far has been that of the Transformational Experience. He said that looks awfully good to most faculty. He said the Faculty Senate will be focusing next on academic integrity and on general education revisions.



President Farley said he would like to welcome formally Mr. Gaines to the Washburn Board of Regents, noting he was elected by the Kansas Board of Regents at its September meeting to be a member of the Washburn Board.



Dr. Farley said at the last Kansas Board of Regents meeting the Board considered a proposal in opposition to the so-called Taxpayer Bill of Rights. He asked that Mr. Gaines talk about the discussion at that Board meeting.



Mr. Gaines said that the Kansas Board of Regents, when it discussed TABOR, did so from a philosophical standpoint and was very academic about it. He noted that our democracy is a representative democracy which elects persons to represent the people. He said the President of Kansas State University, John Wefald, noted at the Board meeting that in the 1990s there were four different tax decreases. He said it's known that the Kansas Legislature has no reputation as great spenders. He said that since 2000 the income stream until recently has been dwindling and to say that the representative government is not responsive is wrong. He said the Kansas Board of Regents was unanimous in believing that TABOR is a dumb idea. He noted taxpayers can't get all of the information they would need to make educated decisions. He also said that with TABOR essentially there would be no need for a legislature. He also noted that the Colorado electorate recently voted to suspend operation of its TABOR for five years. He noted that since the adoption of TABOR in Colorado, the infrastructure has been falling apart and that at the University of Colorado the budget from the state for the operation of the university is now only 15%, meaning that 85% of the funding for the University of Colorado comes from all other sources. Mr. Gaines noted that the Kansas Board of Regents adopted a resolution in opposition to TABOR and requesting that the governing bodies of the educational institutions which it coordinates adopt a similar resolution in opposition. Mr. Gaines reported he had asked Dr. Farley to cause a resolution to be drafted in opposition to TABOR.



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Regent Storey said the Taxpayer Bill of Rights is a complete misnomer and that he believes that nobody gaines by such a Constitutional amendment. He said the Legislature should not be hindered and that the resolution should be adopted.



Mayor Bunten said he agrees with Regents Storey and Gaines saying he, too, does not favor TABOR at any level. He said, however, he didn't believe we needed to adopt a resolution as he did not believe TABOR could ever be adopted in the state of Kansas as that requires a two-thirds majority even to get the Constitutional amendment proposed on the ballot.



Regent Roth said he agrees with everything Mr. Gaines said about TABOR. He said he didn't know, however, whether we should adopt a resolution at this time. He wondered whether it needed to be adopted at this meeting. He said it bothered him the item was not on the agenda and would like to wait for the item to be considered at a subsequent meeting.



Regent Storey said that while he supports the resolution, he sees no reason why we could not wait until the next meeting.



Mr. Gaines said that he thought the institution could wait but did say we should do it.



Chairperson Paul said the item would be put on the agenda for next month.



President Farley said he'd like to close his President's Report by noting we've had a very successful fall for the Washburn athletics program. He said that three of the coaches for the fall sports have been voted coach of the year. He singled out football head coach Craig Shurig, volleyball coach Chris Herron and soccer coach Tim Collins. He also noted that the football and volleyball programs were conference champions and that our fledgling soccer program was second in the MIAA this year. He said it's truly remarkable and an outstanding achievement.



D. Treasurer's Report



It was moved and seconded to accept the Treasurer's Report.



1. Depository Security Transactions

2. Liquidated Claims Approval - September, 2005

3. Liquidated Claims Approval - October, 2005

4. Public Fund Investments - September, 2005

5. Quarterly Report for Quarter Ended September 30, 2005



V. New Business



A. Consent Agenda:



It was moved and seconded to approve the Consent Agenda as set forth in agenda item V.A.1. through 4. Motion passed unanimously.



As approved by action of the Board:





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

purchase fund raising software for KTWU from Herlick Data Systems in the amount of $37,683; purchase camera/recorder with accessories for KTWU from Professional Video Supply in the amount of $42,606.67; contract with Country Carpet, Inc. in the amount of $29,925 to replace carpeting in the Living Learning Center; purchase systems furniture for Financial Aid Office from Design Business Interiors in the amount of $25,865.60; purchase LCD projectors and ceiling mounts for ISS Instructional Media from Kent Audio Visual in the amount of $36,579.40; purchase Cisco equipment for ISS from SBC Communications, Inc. in the amount of $34,439.96; contract with Bob Florence Contractor, Inc. in the amount of $40,806 to remodel Morgan Hall West Wing restrooms;



2. Amend WEA MOU - Dissemination of Scholarship Information

amendment to the Washburn/WEA Memorandum of Understanding Paragraph 9.d. dated June 13, 2997 to read: "WEA agrees and covenants...an amount equal to five (5) percent, or such other percentage as the parties later agree, of the market value of the pooled endowed funds averaged over the period of 21 quarters ending on the 30th day of September of the year preceding distribution, provided...." This amendment is applicable for the scholarships awarded based on the 2006 priority financial aid deadline.



3. Designate Ronald Tannehill Assistant Professor Emeritus

the title of Assistant Professor Emeritus to be bestowed on Ronald Tannehill; and,



4. Designate Clifford Roberson Professor Emeritus

the title of Professor Emeritus to be bestowed on Clifforde Roberson.



B. Action Items:



1. Moore Bowl Track Replacement and Football Field Turf Project



President Farley noted that the Moore Bowl Renovation Committee, when it met in the early part of this decade, recommended replacement of the grass turf at Moore Bowl along with the cinder track. He said due to the lack of resources at the time, the two items were not included at the time Bianchino Pavillion was constructed. He said due to the success of the football program this year, a number of donors have stepped forward and we can now proceed to Phase II. He said the University would be soliciting requests for proposals from three national firms and that he would be pleased to work with any of them. He said they will come in with pricing to do the entire project, the artificial turf on the playing surface and a new track subsurface. He said the track would be subcontracted so that we could be assured that all the drainage were connected correctly. He said he would anticipate beginning the project as soon as we can to be sure it is complete by fall kickoff and that he would propose to come back with a recommendation for the award of contract at the December meeting.



It was moved and seconded to approve the project, authorizing the issuance of an RFP for the Moore Bowl track replacement and football field turf project. Motion passed unanimously.







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2. Completion of Design Development and Construction Document phase for the Washburn Endowment Association Office Space



President Farley said the Board of Regents approved the project at 1729 SW MacVicar for construction of office space for the Washburn Endowment Association. He said the architect for the project, William Sheahan & Associates, has been working on the design, development and construction document phase of the project. Dr. Farley requested that the Board of Regents approve the project as described for the Washburn Endowment Office space at 1729 SW MacVicar in an amount not to exceed $2 million and to conclude the design, development and construction phase and proceed to bidding. Dr. Farley said he anticipated they would be bringing back the bids for the project to the Board in the near future. It was so moved and seconded. Motion passed unanimously.



3. Business and Financial Affairs Handbook Revision



President Farley said the existing Business and Financial Affairs Handbook (BAFAH) is a hodgepodge of policy and procedure in a single volume. He said it is difficult to understand when it is policy and when procedure. He reported a committee has been working on revising and reformatting the policy and procedures found in BAFAH into a new volume. He said the committee, comprised of Deborah Moore, Carol Vogel, Ken Hackler, Duke Divine, Harold Holden and Chris Leach, has been working diligently to prepare the document. He said that with the few exceptions noted in the agenda item, the policy statements in the Business and Financial Affairs Handbook have made their way into the new proposed Washburn University Policies, Regulations and Procedures manual. Dr. Farley said the policies would be separated from procedures as indicated in the agenda in the future.



It was moved and seconded to approve the revision and retitling of the proposed sections from the Business and Financial Affairs Handbook. Motion passed unanimously.



Dr. Farley commended the committee. Mr. Hackler noted that Mrs. Moore did a terrific job in keeping the committee on its task.



4. Wellness Program Approval



President Farley introduced Dr. Roy Wohl, who is chair of the University Employee Wellness Committee which prepared the proposed Wellness Program Plan. Dr. Wohl highlighted the components of the proposed program, noting it was the committee's view that to encourage participation in the program it's necessary to provide incentives in the form of monetary remuneration.



Regent Roth complemented everybody who's been working on the proposal. He said hisi problem was he couldn't determine whether the proposed program is an A+ or a C- program.



Mr. Mike Eichten, President and CEO of Peoples Benefit Group, working with the wellness committee, said the proposed program is a very comprehensive one and that it's far and away better than any wellness program found at the other schools in the state. He said he believes we at least have an A.





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In response to a query from Chairperson Paul, if the incentives were a one time or annual feature, Dr. Wohl said it was an annual expenditure.



In response to a query concerning the numbers of employees participating in activities at the Student Recreation and Wellness Center, Joel Bluml, who's director of the center, said there are approximately 140 of 800 employees.



Dr. Farley said the benefits to the institution are not just financial in terms of savings and health care costs, but also that we will have healthier employees. Dr. Farley noted that not every employee will do this and that it is an honor program. He said there will be "no push-up police." The President said that the program has adequate incentives, that it's a wellness program on a holistic level. He said we know that how many people are going to the gym is only a small part of the program, it's what a person is doing to improve his or her overall health. He said the person you are trying to impact most is least likely to do this on their own.



It was moved and seconded to initiate an employee wellness program and to approve the 2005-06 budget for the program available from Regents Reserve. Motion passed unanimously.



VI. Information Item



A. Transformational Experience



The University's Vice President for Academic Affairs, Dr. Ron Wasserstein, said that it was hard enough for the Faculty Senate to get started given that it is a new entity, but said the hardest thing they've had to do in the short time it's been in existence has been to work on the University's Transformational Experience. He commended Professor Jacobs' leadership in shepherding the item through. He outlined the Tranformational Experience proposal which had its genesis at a Board of Regents retreat several years ago and said it will have an incredible impact on student and faculty at the University.



It was moved and seconded to adjourn. The meeting adjourned at 5:50 p.m.







_______________________________

Kenneth P. Hackler

Secretary, Board of Regents

































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