WASHBURN UNIVERSITY OF TOPEKA

BOARD OF REGENTS

MINUTES

March 14, 2001

_____________________________________________________________________________________





1. Call to Order



Vice Chairperson Engel called the meeting to order at 7:00 p.m. in the Mosiman Room of the Memorial Union.



II. Roll Call



Present were: Mr. Blair (via telephone), Mr. Dick, Mr. Engel, Mr. Etzel, Mrs. Lee, Mrs. Parks and Mr. Roth.



Chairperson Blair requested that Vice Chair Engel chair the meeting.



III. Approval of Minutes of January 26, 2001 meeting as mailed



It was moved and seconded to approve the Minutes of the January 26, 2001 meeting as mailed. Motion passed unanimously.



IV. Officer Reports



A. Chair's Report



Regent Blair welcomed back Regent Roth who had been absent from the previous meeting due to illness. He also said the University is real proud of the accomplishments this season by the basketball team and the coaching staff. He said he hopes lots of people can find their way to Bakersfield. Lastly, he noted the work that's being done on various bills wending their way through the Legislature and commended President Farley and Mr. Monical for their efforts at the Statehouse.



B. Committee Reports



Regent Dick, as chair of the Budget/Finance Committee, reported the committee last met on March 8 and had a two-hour meeting attended by Regents Blair, Etzel and himself. He summarized the meeting as follows.



The first area discussed was the performance measures to be used in incentive funding provided by Senate Bill 345 for institutions which meet certain performance goals. He reminded the Board a preliminary draft of the performance indicators were sent to the Kansas Board of Regents last fall. He said the Kansas Board of Regents staff interpretation was that funding under Senate Bill 345 would only be provided if all of the performance indicators were met, which he said would serve more as an incentive for "sandbagging." He said since the issue just was discussed, we've learned that Kansas Board of Regents' members are not in favor of the "all or nothing" interpretation that the KBoR staff put on the legislation. He said since the fall meeting of the Kansas Board of Regents, the matter has been sent back to the institution.



Regent Dick said the Budget/Finance Committee identified four categories, one of which had 12 or 13 objectives while others had only a couple. He said not all measures in each category would be required for performance funding, nor would all categories have to be met. He said the performance indicators will be finalized between now and the next Board of Regents meeting and will be presented to the Board for its approval at the April meeting.



The second topic covered by the Budget/Finance Committee was on the Board expenditure limits. He said the committee reviewed the history of the spending limits over the years and noted it's been a substantial period of time since the last increase. He said the administration recommended an increase to $50,000, from the current $25,000, for the threshold at which Board approval for the expenditure must be obtained. He said the committee felt it appropriate to put those items in the $25,000-$50,000 range on the Consent Agenda for ratification as a group as the committee felt it very important to have visibility of those items between $25,000 and $50,000. He said it is also the committee's opinion there should be blanket approval process for items, such as the PBS dues invoices, which are typically provided for in the budget. He said the administration will be bringing a proposal back to the Board for its approval at the April meeting.



The third category of discussion was on budget priorities and in this context mentioned discussion of the merit pay plan, which he said received some favorable feedback by faculty, and the School of Business accreditation program. He said they also discussed overall improvement of the School of Business beyond the AASCB accreditation.



The next topic of discussion was the financing plan of capital projects. He said the committee had asked the administration to look at financial performance indicators about debt undertaken currently by the University and how it fares with some of the financial performance indicators developed by National Association of College and University Business Officers and also KP&G. He said the University looks quite good in comparison with the upper tier institutions under these indicators. He said the committee is asking the administration to use the same performance indicators and to look at a pro forma of how the institution will look with additional debt contemplated under the various capital projects on the planning board.



Lastly, he said the committee reviewed the second quarter financial report and said it is good news with revenues are slightly above projections and expenditures are slightly below.



C. President's Report



President Farley said the budget documents have been circulated across the campus and the various departments and areas should have their budget documents back in time to provide the Board of Regents a draft budget in May.



President Farley said that, as we all knew, the Washburn men's basketball team has done exceptionally well this year, winning the MIAA Conference, the MIAA Tournament and the South Central NCAA Division II Regional Tourney to win a place in the "Elite Eight."



Dr. Farley said there have been some 150 fans who would like to go to the tournament to support the team and the administration is working to ensure tickets are available for them. He said the administration has been working with area television stations to see whether it might be possible to broadcast the first and second games locally. He said the first game is scheduled for 8:00 p.m. C.S.T. on Wednesday, March 21 and that after the team wins that it would next play at 10:30 p.m. C.S.T. on Thursday, March 22. He said the investigation on broadcasting on the local commercial stations disclosed it to be too expensive for us to do and that the Athletic administration is now looking at doing our own play-by-play and broadcasting via satellite on KTWU. President Farley said the championship game will be broadcast nationally by CBS at 12:00 Noon C.S.T. on Saturday, March 24.



Dr. Farley reported efforts were expended in an attempt to arrange charter air travel, but learned that aircraft are in short supply and the cost would be way beyond what we thought we and our fans could handle.



He reported it has been an intense time at the Kansas Legislature this year. He said there have been some three-four bills we believed were relatively minor but have taken an enormous amount of effort to work through the Legislature. He said he has expended some 30 hours there personally in support of these efforts. He said we have experienced some success on the following measures. A definition oversight to correct the exclusion of Washburn from the public post-secondary education institutions in Senate Bill 345 as well as clarifying the current/prior year funding issue in the bill. A measure to clarify day care providers as it relates to the NYSP summer program conducted for area youth on our campus each year. He said a third bill was to provide for the exclusion of the income received by Washburn retirees from state income taxation. He noted that all other retirees from public educational institutions in the state of Kansas have been exempt from state income taxation leaving only Washburn retirees subject to tax. Finally, he said they are working several funding bills and they have worked their way through the committee structures in both the House and the Senate.



He reported the Law Dean search has been going well, that they had a very strong field of candidates from which five were initially selected from internal and external candidates. He said the interviews were concluded last week and he is now seeking input from across the campus and will have a recommendation for the Law Dean at the next Board of Regents meeting.



He said the Administrative Information Systems project is moving along. He said this is a major undertaking on the campus to upgrade all student and administrative operating systems. He said there are three committees working on the project: a Steering Committee, chaired by Vice Presidents Hill and Wasserstein; a Change Management Committee to deal rumors and any sense of campus unease with respect to such a change; and, a Project Management Committee which is tasked with the technical work on evaluating various systems. He said the request for proposal has been out, there are some six to eight companies interested in the project. He said there recently was a pre-bid conference for interested vendors. He said he would like to see some five to six proposals come in. He said he expected to have something back to the Board on the AIS project by summer.



Dr. Farley said the day had been a wonderful day which included a luncheon with folks involved in the Mulvane project. He said this project has been really well received and there is substantial support for it. He said the luncheon today was with major donors to the project to this point.



Finally, President Farley noted there were a number of items on the Regents' agenda for this meeting dealing with change on the campus. He said that these changes, along with all those already occurring, such as the LLC project, represent a watershed threshold with as much change now occurring or being planned as followed the 1966 tornado.



D. Treasurer's Report



It was moved and seconded to approve the Treasurer's Report. Motion passed unanimously.



As approved by the Board of Regents:

1. Treasurer's Report - General Fund Operations; 2. Depository Security Transactions - January and February 2001; 3. Liquidated Claims Approval - January 2001; 4. Liquidated Claims Approval - February 2001; and, 5. Public Fund Investments - February 2001.



Vice President for Administration and Treasurer, Wanda Hill, requested that the special project manager, Art Johnson, update the Board on the status of the LLC and Union renovation projects. Mr. Johnson reported that the contractor has advised him that they are 14 weeks from completion of the building. He said the project is on schedule with substantial completion expected on June 20. He said it doesn't look like the contractor will be finished any earlier. He noted that they have finished the roof on buildings one and two and one of the steel stairwells. He noted the stonework has been completed on buildings one and two and that the Dryvit above the stonework will be beginning soon and that the windows are now substantially complete. He said on the interior on the West wing of the building, walls and ceiling have both been finished and the electrical installation is proceeding as expected. He said the contractor has assured him that it will double and re-double its efforts to ensure that the building will be completed as scheduled. He said weather has been somewhat of a factor as we have had to give a few days extension on the contract. He reported that on the Memorial Union project they've almost finished demolition in the basement area and they will now be starting to do the foundation for the elevator with the entire project expected to be completed between the fall and spring semesters of the next academic year. In response to a question about the quality of the work, he said it looks good.



V. New Business



A. Action Items



1. Architect Selection for Moore Bowl Renovations and Student Fitness/Recreation Center



It was moved and seconded to authorize the administration to begin the architect selection process for the design of the two projects.



In response to a question from Regent Engel concerning the Ballard-King report on site location of the fitness center for the area just southeast of Petro, President Farley reported that the architect selected will assist the University in determining the appropriate site for the center. He noted there have been three possible sites identified: the one southeast of Petro, one just southwest of Petro, and the stand-alone facility just south of Moore Bowl. Motion passed unanimously.



2. Mulvane Art Museum/Art Building Project



It was moved and seconded to authorize the administration to begin the architectural selection process for the design of the project. President Farley reported the Washburn Endowment Association has been engaged in the "silent campaign" for fund raising for the project and has pledges of $1.4 million of a $4.5 million plus project. He said the campaign won't be going public until the Board of Regents approves the agenda item this evening. In response to a question concerning the expected success of fund raising efforts, the lead person for the campaign, Lynda Miller of WEA, said that they have identified 796 prospects, of which 197 have the capability to make donations of $25,000 and up. She said they will raise over $4 million for the project. Regent Lee complimented Lynda Miller and the WEA staff for their work and inquired whether a kitchen/food service preparation area is contemplated as it's not listed in the priorities shown on the agenda item. Ms. Miller said it is on the list of priorities but not on the top list. Regent Etzel inquired of WEA president, Jerry Clevenger, whether the recent downturn in the economy would have any effect on the fund raising capability for this project. WEA President Clevenger said he didn't expect it would have any impact on the fund raising for the project other than the pledges might be spread over a longer period of time. He said the University has, on this project, the "top fund raising team you could have." Motion passed unanimously.



3. Change Orders - Living Learning Center Project, and 4. Change Orders - Living Learning Center Project



It was moved and seconded to ratify the change orders in agenda item V.A.3. and 4. Vice President for Administration and Treasurer, Wanda Hill, said there were at least three levels change orders work through before they were presented to the Board of Regents. She said they begin with the architect, then move to special project manager Art Johnson, then to her office and then to the Board. She noted that a study of the change orders divided into three categories: owner initiated, architectural engineering initiated or change orders resulting from code review, shows that change orders which have been owner initiated amount to 2.07% of the total project cost, those initiated through the architectural engineer have amounted to a decrease of .04% of the total project cost, while change orders necessitated by code compliance amount to 2.5%. The Board requested that the exhibit which Vice President Hill consulted be distributed to the Board with the Minutes. Motion passed unanimously.



5. Phase II Student Housing



Vice President Hill noted that, in response to a request from the Board at its January Committee of the Whole meeting, the administration has provided a historical information piece concerning the issue which was provided to members at the beginning of the month and that the administration has negotiated a contract with Treanor and Associates specifying five phases for the project; at the conclusion of any of the first four, the project could be suspended. It was moved and seconded to approve payment of $41,084 to Treanor Architects for completion of the first phase and to authorize the architect to proceed to Phase II of the project, the preliminary plans phase.



Regent Lee noted that the consultant's report from April 2000 suggested that a transitional student housing be strongly tied to the success of the Living/Learning Center project with the recommendation that the University proceed only if there is demonstrated success of the Living/Learning Center. She noted that, at this time, there is no evidence demonstrating success of the project and inquired what the occupancy rate for success would be. In response to her query, Vice President for Student Life, Denise Ottinger, indicated that 469 new students have expressed interest in University housing, including West and Kuehne Halls and the LLC and that number does not include any current students or athletes. Vice President Ottinger indicated that the occupancy rate budgeted for the LLC is 92%. Regent Lee said we need evidence of demonstrated success in June before the Board would approve any construction phase.



In response to a query from Regent Etzel concerning the costs, the total project cost is predicted at $6.7 million and that the cost of the second phase is 1% of the total project cost. The initial payment authorized by action of the Board at this meeting of $41,000+ is less the $15,000 already paid to the architect for consulting. Phase II would be returned to the Board at its May meeting. Regent Blair said he wanted to reiterate his opinion of the need to proceed with this item because of the timing issue to have Phase II completed in time for fall 2002 occupancy if the project proceeds. He noted that even if the Board were to decide not to go to the construction phase this year, that the money expended would not be wasted because it would have been expended for some planning which would still be required on account of the LLC's success. He said proceeding now is the "responsible thing to do." Motion passed unanimously.



B. Consent Agenda



It was moved and seconded to approve the Consent Agenda. President Farley noted that one of the personnel items in the Consent Agenda is for the award of Professor Emeritus to a faculty member present. He recognized Professor Dunwell for his service to the University noting, among other things, that he had served as the University faculty representative to the Board of Regents. Motion passed unanimously.



As approved by the Board of Regents:



1. Expenditures over $25,000

a. Telephone Equipment

approve the order for telephone equipment as outlined in the agenda item to American Telephone, Inc. in the amount of $167,187.70;

b. Data Communications Equipment

approve order of communications equipment as outlined in the agenda item to SBC Data Comm in the amount of $188,861;

c. Purchase of Classroom Furniture

award of contract to BA Designs, LLC for purchase of classroom furniture for the total sum of $50,632.30;

d. Donor-based Renovation of the Washburn University School of Law Courtroom

award of contracts to Summit Solutions Inc. for $184,667.48, Senn & Co. for $58,500, and Heartland Electric for $20,350, totaling $263,517.48;

2. Personnel

a. Personnel Actions - Administrative Staff

appointment of Barbara Kanelakos as Assistant Director of Educational Services at KTWU at an annual salary of $32,004 and appointment of Thomas S. Wiencek as Safety Coordinator at an annual salary of $45,000;

b. Eminentes Universitatis

award of designation "Eminentes Universitatis" to Marjorie Yates, Patty Dick and Barbara Jones;

c. Faculty Personnel - Nagy

award of Professor Emeritus to Dr. Harry J. Nagy;

d. Faculty Personnel - Dunwell

award of Professor Emeritus to Dr. Robert R. Dunwell;

e. Faculty Personnel - Milner

award of Professor Emeritus to Dr. Billy Milner;

f. Faculty Personnel - Del Yelen

award of Professor Emeritus to Dr. Delphine Yelen;

g. Faculty Personnel - Don Yelen

award of Professor Emeritus to Dr. Donald R. Yelen;

h. Faculty Personnel - Parnell

award of Associate Professor Emeritus to Dr. Darrell R. Parnell;

i. Faculty Personnel - Ouellette

award of Associate Professor Emeritus to Dr. Thomas Ouellette;

j. Faculty Personnel - Hunter

approve extension of leave of absence for the 2001-2002 academic year for John Hunter;

k. Tenure and Promotion Recommendations

award of tenure to: Gail Leedy, Patricia McCormick, Rita Moore, Patricia Mower, Susan Pfister and Steven Ramirez; and,

award of promotion to: Barbara Bowman to Associate Professor, Kathy Frye to Assistant Professor, Gail Leedy to Associate Professor, Susan Pfister to Associate Professor, Dave Provorse to Associate Professor, and Steven Ramirez to Professor;

3. Policies

1. Nepotism Policy

approval of the draft revised Nepotism Policy as provided in the agenda item; and,

2. Criteria for New Sport Adoption

approval of the proposed criteria for adding a new sport and recommendations on delegation of authority.



* C. Honorary Degrees



It was moved and seconded to approve the award of honorary degrees as recommended as follows: Stanley H. Stauffer - Doctor of Humane Letters, Francis E. "Gene" Reardon - Doctor of Commerce, and Mark V. Heitz - Doctor of Law. Motion passed.



* Item added at the meeting with the consent of the Board.



Regent Blair said it would be appropriate for the Board to adopt a resolution commending the Washburn University men's basketball players and coaches for their successes this season and that a copy be sent to every player and member of the coaching staff. It was moved and seconded to adopt such a resolution. Motion passed unanimously.



It was moved and seconded to adjourn. Motion passed unanimously. The meeting adjourned at 8:30 p.m.



_______________________

Kenneth P. Hackler

Secretary, Board of Regents


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