MINUTES

Thursday, September 20, 2007, 9:00 a.m.

Northwestern Oklahoma State University

NWOSU Student Center, Ranger Room

Alva, Oklahoma

I. ANNOUNCEMENT OF FILING MEETING NOTICE AND POSTING OF THE AGENDA IN ACCORDANCE WITH THE OPEN MEETING ACT

The Board of Regents of the Regional University System of Oklahoma met in regular session at 9:00 a.m., September 20, 2007, in the Ranger Room, Student Center, Northwestern Oklahoma State University, Alva, Oklahoma. Notice of the meeting had been properly filed with the Secretary of State, on September 25, 2006, and a copy of the Agenda posted by 9:00 a.m., September 19, 2007 in compliance with the Open Meeting Act.

II. CALL TO ORDER AND REGENTS’ ROLL CALL

Belva Howard, Chair, Position 2

Joe Anna Hibler, Vice Chair, Position 3

Jan Gordon, Secretary, Position 4

Harold Jackson, Regent, Position 1

Connie Reilly, Regent, Position 5

Richard Ryerson, Regent, Position 6

Ann Holloway, Regent, Position 7

Sandy Garrett, Regent, Position 9

Chairman Howard called the meeting to order. Roll call established the presence of a quorum with eight regents present.

R. #63 – EXCUSE ABSENT REGENTS

Regent Hibler made the motion, seconded by Regent Ryerson, to excuse Regent Mark Stansberry from the meeting.

Voting for the motion: Regent Howard, Hibler, Gordon, Jackson, Reilly, Ryerson, Holloway, Garrett

Voting against the motion: None

University Presidents

Kim Cherry, Acting President, Northeastern State University, Tahlequah, Oklahoma

Janet Cunningham, President, Northwestern Oklahoma State University, Alva, Oklahoma

John Hays, President, Southwestern Oklahoma State University, Weatherford, Oklahoma

Richard Rafes, President, East Central University, Ada, Oklahoma

Jessie Snowden, Interim President, Southeastern Oklahoma State University, Durant, Oklahoma

Roger Webb, President, University of Central Oklahoma, Edmond, Oklahoma

Regional University System of Oklahoma Administrative Staff

Sheridan McCaffree, Executive Director

Charlie Babb, General Counsel

Kathleen Shannonhouse, Chief Audit Executive

Amy Briley, Executive Assistant

Others in Attendance

Dalton Bigbee, Vice President for Academic Affairs, Northeastern State University, Tahlequah, Oklahoma

Steve Kelley, Legislative Liaison, Kelley and Associates

Steve Kreidler, Vice President for Administration and Finance, University of Central Oklahoma, Edmond, Oklahoma

Larry Williams, President, Northeastern State University, Tahlequah, Oklahoma

III. CONSENT DOCKET

Regent Gordon made the motion, seconded by Regent Holloway, to approve the following items listed on the consent docket:

Voting for the motion: Regents Howard, Hibler, Gordon, Jackson, Reilly, Ryerson, Holloway, Garrett

Voting against the motion: None

A. MINUTES OF PREVIOUS MEETINGS

R. #64 Minutes of Regular Meeting, July 13, 2007

B. ACADEMIC AFFAIRS COMMITTEE REPORT

Chair Connie Reilly (Attachment A, Pages 40-75)

1. R. #65 Northwestern Oklahoma State University

a. Program Review – Bachelor of Science in Psychology

b. Program Review – Master of Counseling Psychology

2. R. #66 Southwestern Oklahoma State University

a. A Program Modification Request for a program requirement change for the Bachelor of Science in Nursing.

b. A Program Modification Request for degree program modifications for the Associate in Applied Science in Medical Laboratory Technician.

c. A Program Modification Request for a program requirement change for the Master of Education in Education.

3. Southeastern Oklahoma State University

a. R. #67 Accreditation-Higher Learning Commission of North Central Association

Southeastern is pleased to report that we have received an updated status of accreditation from the Higher Learning Commission of the North Central Association reflecting no reports required or visits scheduled until our next comprehensive evaluation in 2013. This action was taken following the submission and approval of our monitoring reports focused on assessment of general education outcomes and the development and implementation of assessment plans for Student Services, Academic Support Services, and the University Library.

b. R. #68 REQUEST AWARD OF POSTHUMOUS DEGREE

In accordance with the Oklahoma State Regents for Higher Education’s policy on Posthumous Degrees 3.14.7, Southeastern Oklahoma State University is requesting approval to request the award of a posthumous degree to Mr. David D’Alessandro. Mr. D’Alessandro was an aviation flight student at Southeastern when he was tragically killed in an industrial accident in July 2005. David had completed 75 hours of the 124 hours required for graduation with an overall GPA of 3.32. Mr. D’Alessandro was an active member of the Southeastern Flight Team serving as an officer for the team. David’s parents have requested that his degree be awarded posthumously and based upon his outstanding academic achievement and involvement; we would like to grant their request.

c. Based upon the Oklahoma State Regents for Higher Education’s Low Productivity Degree Program Review, we are seeking approval for the following program modifications and continuances:

1) R. #69 Environmental Science (100)

We request approval to delete Environmental Science as a major, but to continue to offer the program as a minor.

2) R. #70 Biotechnology (104)

We request approval to continue to offer this program based upon continued growth and the securing of external funds to support the program.

3) R. #71 General Business (105)

We request approval to continue to offer this program based upon significant growth.

IV. REPORT OF RUSO COMMITTEE PROCEEDINGS

A. ACADEMIC AFFAIRS COMMITTEE REPORT – Chair Connie Reilly

Report on Outstanding Academic Programs

Regent Reilly reported that she talked to each academic affairs officer about outstanding academic programs on each campus. She expressed appreciation for the responses she received. Regent Reilly will continue to work on this issue through the Academic Affairs Committee.

B. BUILDING COMMITTEE REPORT

Chair Richard Ryerson (Attachment B, Pages 76-92)

Report of the Building Committee, Wednesday, September 19, 2007, 4:00 p.m., Northwestern Oklahoma State University, Student Center.

Regent Ryerson made the motion, seconded by Regent Holloway to approve the following items presented by the Building Committee:

Voting for the motion: Regent Howard, Hibler, Gordon, Jackson, Reilly, Ryerson, Holloway, Garrett

Voting against the motion: None

1. East Central University

R. #72 ARTS-BASED SMALL BUSINESS INCUBATOR

Request approval to purchase real estate located at 820 East Main Street for $160,000. The property, a former restaurant, is situated on a lot approximately 83 feet wide by 150 feet long and joins University property on the north side. Grant funds from the U.S. Department of Agriculture will be used to make the purchase. The property will be cleared and a new building constructed in the future to house an arts-based small business incubator as one element of the East Main Cultural Arts District. A certified appraisal will be completed by September 14, 2007. If the appraisal is less than the purchase price discretionary funds from the ECU Foundation (President’s Circle) will be used to make up the difference. The most recent appraisal valued the property at $146,000.

R. #73 RATIFICATION OF EMERGENCY APPROVAL

At the July 2007 meeting, the Board approved our request of $24,360 to repair the retaining wall and $38,000 to repair the storm sewer all of which was caused by flood damage suffered in June. The retaining wall repair is complete.

At their expense the City of Ada has replaced 900 feet of sanitary sewer line, repaired the road collapse east of Pontotoc Hall and the adjoining drainage box in the NW corner of the parking lot. The remaining repair is to excavate and replace approximately 200 feet of 48 inch elliptical storm drain pipe.  The cost excluding asphalt is $132,000.  The asphalt will be $16,000-$20,000.

September 1, 2007 Pontotoc County was one of five counties to become eligible for public assistance. We expect a FEMA program officer to be assigned soon. Oklahoma Emergency Management Services indicates FEMA should pay 75% of the cost; they will pay 12.5% leaving 12.5% to ECU. This is a pledge of support, not a commitment.

The City of Ada has done a great job and saved ECU several thousand

dollars by providing much needed direct and emergency assistance.

We seek approval of $152,000 to finish this repair. This cost will be

paid with E&G and/or Section 13 funds and reimbursement from FEMA

will be requested.

2. Northwestern Oklahoma State University

R. #74 Ranger Field – Project #5050031

We request approval to enter into a ground lease agreement with the Northwestern Oklahoma State University Foundation, Inc., to construct a football locker room and baseball facility which will include permanent seating and new dugouts. Funding for these two projects will come from private sources totaling $1,800,000.

3. Southeastern Oklahoma State University

a. R. #75 EXECUTE WARRANTY DEED

Request ratification of emergency approval received in August 2007 for the execution of the warranty deed on the sale of 0.07 acres to the Oklahoma Department of Transportation. Project: Highway 70 - South Loop around Durant, OK.

b. R. #76 General Classroom – Project #660-0300

Request approval for additional funding through the State Regents Master Lease Program – Real Property for an amount not to exceed $1,600,000. Purpose of funding is to add approximately 6,500 sq ft of faculty office space and to develop the parking lot that will complete the General Classroom Project funded by the Capital Bond Issue for Higher Education 2005.

c. R. #77 Parking lot –Project #660-0300

Request approval for additional funding through the State Regents Master Lease Program – Real Property for an amount not to exceed $900,000. Purpose of funding is for development of (4) parking lots.

4. Southwestern Oklahoma State University

a. R. #78 CAPITAL MASTER PLAN

Request amendment of the FY08 Capital Master Plan

b. R. #79 Lawton Office of Juvenile Affairs – Project #6650063

Request permission to negotiate the purchase of a facility to house our Oklahoma Department of Juvenile Affairs level “D” program located in Lawton, Oklahoma not to exceed $500,000.

Request permission to purchase a facility for the Lawton project subject to review of legal counsel and approval by the Building and Board chairpersons.

c. R. #80 Lawton Office of Juvenile Affairs – Project #6650063

Request permission to borrow the funds from the OSRHE Real Property Master Lease program for purchase of this facility.

Request that the Board approve the following as the Bond Purchase Program Reimbursement Resolution allowing Southwestern Oklahoma State University to proceed with this project prior to the availability of funds (OSRHE Master Lease Program).

The Board’s approval of this item will serve as the formal resolution for reimbursement of core operating funds expended on the projects approved for the Bond Program. Under federal guidelines, a reimbursement allocation is a designated use of bond proceeds to pay an expenditure which was previously paid from sources other than bond proceeds. According to Internal Revenue Code, Section 1.150-2, certain preliminary original expenditures related to capital projects may be reimbursed from bond proceeds if the Board declares the intent to do so in a formal resolution.

This item will serve as the formal resolution for reimbursement of core operating funds expended on purchases approved for the OSRHE Master Lease Purchase Program.

d. R. #81 Retaining Wall – Project #6650026

Request permission to award the retaining wall structure funded by E & G I repair and replacement contingency funds. This project was approved by the Board at the July 2007 meeting.

5. University of Central Oklahoma

a. Request approval for funds for projects as follows:

1). R. #82 Heat and Air Conditioning (Performance Contract) Project #1200033

Approve amendment to the current Performance Contract with Johnson Controls International, Inc. for the inclusion of Phase IV of the Performance Contract not to exceed the amount of $2,300,000. Board approved the project April 2005 (R#204), April 2003 (R#148) and February, 2002 (R#133). (OSHRE Master Lease program Funds and Oklahoma Department of Commerce)

2.) R. #83 Heat and Air Conditioning (Performance Contract) Project #120-0033

Approve amendment to current Performance Contract with Johnson Controls International, Inc., for the inclusion of Phase V, the campus lighting retrofit project. The project budget is $350,000. Board approved the project April 2005 (R#204), April 2003 (R#148) and February 2002 (R#133). (Energy Loan/Lease Fund for College)

3). R. #84 Indefinite Delivery General Conditions Contract

Prepare documents and solicit bids for a second indefinite delivery (quantity) general conditions contract. The type of work to be performed will include (but not be limited to): general construction, mechanical, electrical, plumbing and other associated trades. The costs for work will be based upon a unit price book which will establish unit costs for most work elements. The pre-bid price shall include a cost multiplier and the cost index shall remain fixed over the annual period of the contract. Funds for this work over the Statutory Limits will be approved by the Board prior to the use of the IDGCC contract. The term of the contract will be one year with renewals up to five additional years based upon work history and performance standards met during each of the one year contracts. Terms included in this IDGCC agreement will allow for work to be performed at the other entities within the Regional University System of Oklahoma and or other institutions of higher education upon approval of the Board.

4). R. #85 Sports Complex Improvements - Project #120-0032

Fund, design, and bid the Baseball and Softball Field Improvements, Seating, ADA Toilets and minor improvements. The project budget is $800,000. (E&G Funds)

5). R. #86 Sports Complex Improvements - Project #120-0032

Fund, design and bid the Soccer Field Improvements Phase I project. The project budget is $750,000. (E&G Funds)

6). R. #87 Howell Hall Science Laboratories – Project #120-0010

Request approval for Final Completion of Howell Hall 302 and 152 by J. L. Walker Construction, Inc., as complete on September 14, 2007. The total cost of the contract is $152,194. The Board approved the project May 25, 2006. (R#340) (E&G Funds)

7). R. #88 Evans Hall Restoration – Project #120-0027

Request approval for Final Completion of Evans Hall Restoration by Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Conditions Contractor, as complete on September 5, 2007. The total cost of the contract is $150,853.48. The Board approved the project March 15, 2007. (R#213) (E&G Funds)

8). R. #89 Sports Complex Improvements Project #120-0032

Request approval for Final Completion of Wantland Stadium East and South Side Landscape by Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Conditions Contractor, as complete on August 31, 2007. The total cost of the contract is $61,184.57. The Board approved the project March, 2007 (R#215) (Student Facility Fee Funds, Private Funds)

9). R. #90 Parking, Sidewalks, Lights and Landscaping Project #120- 0013

Request approval for Final Completion of Special Event Fabric Structures and Improvements, Phase I, by Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Conditions Contractor, as complete on August 31, 2007. The total cost of the contract is $144,227.88. The Board approved the project September 2006. (R# 78) (E&G Funds, FY 07 Section 13 and Section 13 Offset Funds)

10) R. #91 Parking, Sidewalks, Lights and Landscaping Project #120-0013

Request approval for Final Completion of East Hall Intramural Field Improvements by Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Conditions Contractor, as complete on August 24, 2007. The total cost of the contract is $58,779. The Board approved the project March 2007. (R# 216) (E&G Funds)

11). R. #92 Major Repairs and Deferred Maintenance Project # 120-0027

Request approval for the Final Completion of the MCS Building Electrical Modifications to the IT Mainframe area by Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Conditions Contractor, as complete on August 30, 2007. The total cost of the contract is $90,101. (E&G Funds, FY 07 Section 13 Offset Funds)

b. Change Order Report

R. #93 Evans Hall Restoration Project #120-0027

Diversified Construction of Oklahoma, Inc.

Change Order #1 in the amount of $2,035.26 for Evans Hall Restoration for additional electrical, drywall and carpet. Board approved the project March 15, 2007. (R#213) (E&G Funds)

6. Northeastern State University

a. R. #94 Project #4850061 - Repairs & Renovations to Campus Buildings

NSU requests approval to award contracts for the Leoser Dorm Food Service Venue-Pizza Hut Express in the amount of $191,573. This project will be administered through the Nabholz Construction Management agreement and funded through the Auxiliary Capital Replacement Fund. A recap of the contract awards is attached.

b. R. #95 Project #4850050 - Broken Arrow Campus Phase I

1) NSU is requesting approval of Amendment #e establishing the Guaranteed Maximum Price of $213,401.27 to the Oakridge Construction Management agreement for completion of the Enrollment Services & Graduate Department Offices. This project will renovate the area of Building A which was vacated by the Library’s move to their new facilities. This project will be funded through the 2005 State Higher Education Bond Issue.

2) NSU is requesting approval of Amendment #f establishing the Guaranteed Maximum Price of $149,811.59 and approval to award contracts through the Oakridge Construction Management agreement for completion of the General Office Suites. This project will provide for renovations to current offices and finish the “shelled out” portions of the third floor of Building A. This project will be funded through the 2005 State Higher Education Bond Issue.

3) NSU is requesting approval of Amendment #i establishing the Guaranteed Maximum Price of $208,830.00 and approval to award contracts through the Oakridge Construction Management agreement for completion of the Vision Care Institute Training and Executive Conference Center. This project will renovate a portion of Building C which was vacated by the Biology Department’s move to their new facilities. This project will be funded through donations from Vision Care Institute.

4) NSU requests approval of a decrease of the Guaranteed Maximum Price in the amount of $44,972.43 for a total of

$617,027.57 with Oakridge Construction Management agreement for completion of the Banquet Facilities. This project will finish one of the “shelled out” portions of Building A which was not completed in the original Phase I project. This project will be funded through the 2005 State Higher Education Bond Issue.

5) NSU requests approval of an increase of the Guaranteed Maximum Price in the amount of $11,155.63 for a total of $62,709.63 with Oakridge Construction Management agreement for completion of the College of Business Office Suite. This project will finish the “shelled out” area of Building B which was not completed in the original Phase I project. This project will be funded through the 2005 State Higher Education Bond Issue.

6) NSU requests approval of an increase in the Guaranteed Maximum Price in the amount of $57,653.07 for a total of $336,639.07 with Oakridge Construction Management for completion of the College of Education Reading Lab. This project will finish the first floor area of Building C which was vacated when the Biology program moved into the new Science Building. This project will be funded through the 2005 State Higher Education Bond Issue.

c. R. #97 Project #4850045 - Renovation and Repair of Classrooms and Buildings

NSU requests approval to award contracts for window replacement to Architectural Materials in the amount of $154,306.40 for the Education Building and $115,729.80 for Haskell Hall. This project will be administered through the Nabholz Construction Management agreement. This project will be funded through the 2005 State Higher Education Bond Issue. A recap of the contract awards is attached.

d. R. #98 Project #4850063 - Residence Hall Renovation & Repair

NSU requests approval to award contracts for window replacement to Architectural Materials in the amount of $115,729.80 for the Haskell Hall Annex. This project will be administered through the Nabholz Construction Management agreement. This project will be funded through the Auxiliary Facility Fees. A recap of the contract awards is attached.

e. R. #99 Project #4850061- Repair & Renovation of Campus Buildings

NSU requests approval to bid contracts for the repair and renovation for the Athletic Hall of Honor located in Jack Dobbins Field House in the former weight room. This project will provide a meeting area for the NSU Athletic Association.