1. Call to Order
Chairperson Blair called the meeting of the Board of Regents to order in the Kansas Room of the Memorial Union at 5:07 p.m.
II. Roll Call
Present were: Mr. Blair, Mr. Craig, Mr. Dick, Mr. Engel, Mr. Roth. (Mssrs. Dick and Roth participated by telephone conference call due to inclement weather).
III. Approval of Minutes of November 8, 2000 meeting as mailed
It was moved and seconded to approve the Minutes of the November 8, 2000 meeting as mailed. Motion passed unanimously.
IV. Officer Reports
A. Chair's Report
Chairperson Blair recognized Tim Etzel and said he was pleased to welcome him to the meeting of the Board of Regents and was "absolutely delighted" that he has been selected as the newest Regent to be appointed by the Shawnee County Commission.
Mr. Blair has reported he has had seven meetings with various leaders on the campus and noted that he has been joined in a couple of those lunch meetings by Regent Lee. Among those he identified as having these get acquainted meetings were Cindy Hornberger, Gary Forbach, Camille Consolvo, Tom Ellis, Carol Vogel, Ron Wasserstein and Tim Peterson.
Finally he noted that the Association of Governing Boards National Conference on Trusteeship will be in March and encouraged members of the Board to think about attending the conference.
C. President's Report
Dr. Farley noted that this is finals week and that on Friday evening the fall commencement ceremony will be held in Lee Arena beginning at 7:00 p.m. He said he would welcome all present to attend for this fun time. He said the commencement will have the same degree of attention as the spring commencement activities including academic regalia. He said we anticipate several hundred out of the 300 or so persons graduating at the conclusion of the fall semester.
He announced that a former staff member of the University, Dr. Jim Young, Associate Professor Emeritus, recently received an honor in Korea. He said the Institute of Human Rights bestowed its human rights award. He said this is the third time the award has been issued. He said the award was begun by the president of Korea, Kim Da Jung, who recently received a Nobel Peace Prize and honorary degree from Washburn University.
Dr. Farley reported that progress is being made on the matter of an all-campus card, a multi-purpose card. He said it could be used as an identification card to access various University services, vending machines, food service, possibly laundry, the bookstore, it might even serve as the key access to the Living Learning Center. He said it would be known as the "I-Card" with the "I" reflecting the Ichabod.
He announced that the University's Law Library was recently recognized as among the top 20 law libraries in the nation of the 178 accredited schools in the National Juris December issue. He said the award's based on the usual kinds of criteria for measuring libraries to libraries, such as number of volumes, students served, computers and other services. He said the top four identified by the National Juris magazine were Harvard, Iowa, Texas and Minnesota. Others in the top twenty include Georgetown, Yale, Virginia, Michigan, Washington, Lee, Stanford, and the University of California at Berkeley.
At the conclusion of the President's report it was moved and seconded that Chairperson Blair draft a letter to Dean of the Law School, James Concannon, and members of the Law Library congratulating them on this recognition.
B. Committee Reports
1. Budget/Finance Committee
Hal Dick reported that at its November 9 meeting there were four topics of discussion at the Budget/Finance Committee. First, he said was the audit report, noting that the news was all good. In context of the audit report, he noted that the committee discussed the criteria to be employed for hiring the auditors following the RFP. He noted there was some discussion about the difficulty of bringing in a different auditor as we have the legacy nature of the computer program and also a relatively new appointee as controller. He said, however, that it was fiscally prudent to proceed with the solicitation of the RFP.
Second, he noted that there were a number of faculty present at the last committee meeting to discuss the merit pay program. The other two items discussed were a brief discussion on performance measures submitted to the Kansas Board of Regents and bond financing. He said the finance department has been directed to look at several issues, including interest coverage, to see what the actual capacity of the University to incur bonded indebtedness might be. He said the meeting for Thursday the Dec. 14 obviously is postponed and that meeting and perhaps one or two others will be held before the January 26 Board of Regents meeting.
He also noted that the survey the committee circulated to members of the Board of Regents indicate that Regents would like to have more input in the budget process. He said the committee certainly would welcome participation by all, but noted that it is now the time that the budget work is being done.
Regent Craig noted that at the last Kansas Board of Regents meeting the regents there were discussing the performance measures under Senate Bill 345. He said the Kansas Regents are opposing the all or nothing concept of the performance indicators and has directed its staff to address the issue.
2. Housing Committee
Regent Dick noted that the committee meeting for December 13 has been cancelled due to his inability to be in Topeka but said that at its meeting several months ago they discussed how they might implement a recommendation for additional housing. He said the committee has come to the conclusion that if we were to build additional housing as we want it would cost more than we can afford. He said they will be meeting to arrive at some criteria upon which decisions might be made. He said he had one final comment, he said, noting that this evening was Regent Goossen's last meeting, that Regent Goossen has served on both the Budget/Finance Committee and Housing Committee and has made valuable contributions to both. He said his presence will be sorely missed.
3. Intellectual Property Committee
Regent Engel reported that the committee met in Wichita hosted by Regent Roth and also extended his thanks to Professor Wadley and Dr. Wasserstein who also attended the meeting. He said they kicked around the intellectual property issues for about 4-1/2 hours. He said the committee does not have anything to report on a policy. He did say that there is consensus that the University does need to have a policy so that everyone would know what intellectual property rights he or she may have. He said the policy must fit the mission of the University. He said a policy based on research institutions, for instance, wouldn't necessarily work for Washburn University. He said the primary focus probably ought to be on copyright and trademark and that the policy should have the maximum flexibility for administration to negotiate with individuals, particularly with respect to the scope of work for hire. He said a one size fits all policy wouldn't particularly work. He said the issue needs more study. The committee is reviewing articles and policies of other institutions and that he hoped the committee would be back with a policy recommendation in February. He said the view of the committee is that right now the University needs to be more aggressive with respect to logos and designs and licensing agreements to acquire the biggest benefit for Washburn University.
D. Treasurer's Report
1. 1999-2000 Audit Reports - Berberich, Trahan & Co., P.A.
Vice President for Administration and Treasurer, Wanda Hill, introduced Brad Koehn of Berberich, Trahan & Co., P.A. Mr. Koehn made a presentation on the audit. Mr. Koehn noted that the management letter did not identify any new issues but followed up only on issues raised in the last year's audit management letter. Mr. Koehn commended the University's administration and staff in the financial area for their work. It was moved and seconded to accept the audit report presented. Motion passed unanimously.
President Farley said that Vice President Hill and Controller MaryLou Herring have done a great job. He said they should be thanked and we all appreciate the work they have done.
Mr. Dick added that while the Budget/Finance Committee last year recommended that the audit work be put out for bid, he said that in no way reflects negatively on our auditors or the work they have done over the years.
2. Depository Security Transactions, 3. Liquidated Claims Approval - November, 2000, and 4. Public Fund Investments - November
It was moved and seconded to accept the Depository Security Transations, Liquidated Claims Approval-November and Public Fund Investments-November set forth in agenda items IV.D.2. through 4. Motion passed unanimously.
V. New Business
A. Action Items
1. Renewal of Insurance Policies
Vice President for Administration and Treasurer, Wanda Hill, circulated to members of the Board of Regents the quotations received to date from various insurers on the insurance coverages desired by the University. She noted there is no quote from United Educators. She said that the administration would really like to wait until we get the United Educators quote and recommended that the Board of Regents give the Chair and Vice-Chair the authority to review and make the award of the insurance of coverages subject to ratification by the full Board in January. She noted there would be several advantages to going with United Educators - it would provide umbrella coverage and security guard policy under the same policy and give us one company to deal with rather than dealing with multiple companies. She noted that it would also provide coverage for athletic injuries in addition to the coverage provided by our coverage through the NCAA as the UE policy would provide coverage in the event an athlete sues us on a claim that the insurance coverages provided by those other policies were inadequate. She also noted that the security guard policy through UE would raise the limit by $4 million. She said that in the long run the premiums through United Educators for the multiple policies might be some lower, but did state that initially they might be $12,000-$15,000 higher for a total insurance package premium cost of approximately $380,000 versus the $363,000 identified in the item. It was moved and seconded to authorize the Chair and Vice-Chair to review and award the University's insurance business subject to ratification by the full Board in January. Motion passed unanimously.
2. Athletic Center Addition at Lee Arena - Project No. P-0145
Vice President Wanda Hill introduced Chuck Smith and Rod Elder of the architectural firm of Horst, Terrill & Karst. Mr. Smith made a page-by-page review of the brochure produced by the firm dated December 13, 2000. During his presentation, Mr. Smith indicated it was the goal to get all the major infrastructure work done in the summer of 2001 and all remodeling of existing spaces completed by January 14, 2002. He noted that the addition itself should be completed by October 15. He said the change in seating, moving the end zones closer to the court, will result in the loss of 520 seats, and in response to a question, noted that there will be microphones in the arena to pick up the sounds there and heard on speakers in the Booster and Conference rooms.
In response to a query from Regent Parks concerning whether persons would be able to view the games in Lee Arena from the spaces in the new addition, Director of Athletics Loren Ferré said that while it would be possible for persons to do so, he'd "rather have fans in the stands." He said they do intend, however, to have functions in the Booster Room portion before events and during half time.
In response to a question from Regent Engel about the number of contractors for the project, Mr. Smith said there will be one contractor with the exception of a separate contract for the installation of the bleachers. He also said that there will be some modifications in the lighting of Lee Arena, noting that there is some talk of a future project to put "performance lighting over the floor." It was moved and seconded to let the project for bid. Motion passed unanimously.
3. Change Orders - Living Learning Center Project
Vice President for Administration and Treasurer, Wanda Hill, reported that two of the change orders mentioned in the agenda item are designed improvements on the building. Those are to provide curtain wall framing and insulated panels in lieu of steel stud framing and break aluminum corners and substituting insulated glass for batt installation at the spandrel glass locations. In response to a question from Regent Engel about the origins of these change orders, Mr. Art Johnson, Special Project Manager, indicated that the change orders for fire extinguishers was one he originated and repeated that the two items mentioned previously are design improvements. He also noted that the other two are changes that are desirable as they actually began to work on the project and see how confined the space is. He said that items 1 through 4 were recommended by the architect for the project. Vice President for Administration Hill noted that of the total commitments from contingency of $187,905, $100,000 of that was in the change order for the food court. It was moved and seconded to approve the change orders in the agenda item. Motion passed unanimously.
B. Consent Agenda
It was moved and seconded, following the withdrawal of the Personnel Action for University Physician position, to approve the consent agenda. Motion passed unanimously.
As approved by the Board of Regents:
1. Expenditures over $25,000
a. Modification & replacement of fire alarm system - Project No. P-9809
award of contract to Davin Electric for $55,900 and Simplex Time Records for $72,545 to make modification and replacement of fire alarm systems in Carnegie, Mabee Library and Bennett;
a. Personnel Actions - Administrative Staff (Heit)
appointment of Ms. Cathy Heit as Administrative Systems Coordinator effective December 22, 2000 at an annual basic salary of $50,000.
b. Item Withdrawn
C. Information Items
1. Comer Project Update
President Farley indicated this item is being withdrawn as the two presentors, one from the University, Dr. Dye, and her co-presentor from the USD 501 were unable to make the drive over from Kansas City due to inclimate weather. He said it will be postponed to the January meeting.
2. Petro Allied Health Center Landscape Project
Vice President for Administration and Treasurer, Wanda Hill, circulated a rendering of a proposed landscape project for the area just east of the Petro Allied Health Building. Ms. Hill noted that two potential sites for placement of the proposed student fitness center are in the vicinity of this project, notably one in the south portion of the building. She said they would be holding off on moving forward with the landscape project until after recommendations have been made about placement of the proposed student fitness center. The item was presented for information only.
* 3. Regent Harry Craig asked to be able to provide the Board a brief update concerning a proposed RFP which, had the Kansas Board of Regents met at the scheduled time, would have been issued for development of a master plan for coordination and governance of the 39 institutions under the jurisdiction of the Kansas Board of Regents. He said that the staffing levels of the Kansas Board of Regents are not sufficient to look at the overall system in detail. He said because of the lack of staff they have "no capability to determine where we are, where to go and how to get there." He said the RFP, projected to result in contract between $250,000-$400,000, will be looking at the entire state of Kansas and the 39 institutions under the jurisdiction of the Kansas Board. The successful proposer will look at a variety of issues including how the state is served geographically, socio-economically, whether there are too few or too many institutions. He said that in the context of the governance and coordination question, the issue is whether the state has presently the right model to effectively do this. He said the successful proposer will look at various different models such as whether the Kansas Board of Regents should be only a coordinating board and the others have their own governing boards. He said there are lots of exciting possibilities including joint ventures, mergers and consolidations. He thought it was important for members of the Washburn Board of Regents to learn of the proposed RFP so it could begin to think about the issues as well.
* Item added to the agenda at the meeting with the consent of the Board.
It was moved and seconded to recess to an Executive Session for the purpose of discussing employer/employee negotiations and to reconvene in open session in the Kansas Room at or before 6:45 p.m. Motion passed unanimously. The Board recessed to Executive Session in the Kansas Room at 6:30 p.m.
At 6:34 p.m. the Board reconvened in open session. It was moved and seconded to ratify the University's proposal for a wage increase for the grounds/custodial employees and maintenance workers of the University represented by USWA Local 307-04. Motion passed unanimously.
It was moved and seconded to adjourn. The meeting adjourned at 6:35 p.m.
Kenneth P. Hackler
Secretary, Board of Regents