MINUTES

Regular Board Meeting

Friday, January 18, 2008, 9:00 a.m.

East Central University

James Thomas Regents Room

Memorial Student Union Complex

Ada, 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., Friday, January 18, 2008, in the James Thomas Regents Room, Memorial Student Union Complex, Ada, Oklahoma. Notice of the meeting had been properly filed with the Secretary of State on September 17, 2007.

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. #190 EXCUSE ABSENT REGENTS

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

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

Voting against the motion: None

Vice Chair Joe Anna Hibler recognized those in attendance:

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

Michael Turner, 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

Lauren Eichinger, Executive Assistant

Others in attendance

Duane Anderson, Provost and Vice President for Academic Affairs, East Central University, Ada, Oklahoma

Richard Ayers, Vice President for Advancement, East Central University, Ada, Oklahoma

Scott Barton, Dean, College of Liberal Arts and Social Sciences, East Central University, Ada, Oklahoma

Patrick Baumann, Library, East Central University, Ada, Oklahoma

Frank Crawford, President, Crawford & Associates, P.C., Oklahoma City, Oklahoma

Tom Fagan, Vice President for Administration and Finance, Southwestern Oklahoma State University, Weatherford, Oklahoma

George Foster, Dean, College of Optometry, Northeastern State University, Tahlequah, Oklahoma

Delma Hall, Associate Professor of Communication, East Central University, Ada, Oklahoma

Janet Jackson, Oklahoma State Regents for Higher Education, Oklahoma City, Oklahoma

Glen Johnson, Chancellor, Oklahoma State Regents for Higher Education, Oklahoma City, Oklahoma

Adrianna Lancaster, Director, Linscheid Library, East Central University, Ada, Oklahoma

Larry Minks, Executive Vice President for Academic Affairs, Southeastern Oklahoma State University, Durant, Oklahoma

Joan Minks, Durant, Oklahoma

Bill Osborne, Dean, College of Education and Psychology, East Central University, Ada, Oklahoma

David Pecha, Vice President for Administration, Northwestern Oklahoma State University, Alva, Oklahoma

Raquel Schmitz, Chief of Staff, Southeastern Oklahoma State University, Durant, Oklahoma

Jesse Snowden, Vice President for Academic Affairs, Southeastern Oklahoma State University, Durant, Oklahoma

Ross Walkup, Vice President for Business Services, Southeastern Oklahoma State University, Durant, Oklahoma

Bruce Weems, Dean, College of Health and Sciences, East Central University, Ada, Oklahoma

III. CONSENT DOCKET

Regent Gordon made the motion, seconded by Regent Ryerson to approve the following items on the consent docket.

A. MINUTES OF PREVIOUS MEETINGS

Approval of Minutes and ratification of action taken at Regular Meeting, November 30, 2007

B. ACADEMIC AFFAIRS COMMITTEE REPORT

Chair Connie Reilly

1. R. #191 East Central University

a. Program requirement change in the BA in Communication Studies (Communication Studies concentration) degree;

b. Program requirement change in the BA in Communication Studies (Speech Teacher Certification concentration) degree;

c. Program requirement change in the BA in Communication Studies (Musical Theatre concentration) degree;

d. Program requirement change in the BS in Education – Special Education for Exceptional Children degree; and

e. Program requirement change in the Dance Minor degree.

2. R. #192 Northwestern Oklahoma State University

a. Program name change for the Bachelor of Science in Social Work.

b. Option addition for the Bachelor of Arts in Political Science.

3. R. #193 Southwestern Oklahoma State University

a. Action taken by the National Association of Industrial Technology relative to the accreditation of the industrial technology program that is offered at SWOSU.

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

Voting against the motion: None

IV. INFORMATIONAL PRESENTATION – CHANCELLOR GLEN JOHNSON

A. 2008 LEGISLATIVE AGENDA FOR THE OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION (Attachment B, Pages 74-77)

Chancellor Johnson reported on OSRHE’s 2008 Legislative Agenda. The Agenda requires $145.2 million in new funding which results in a total requested appropriation of $1.2 billion. The appropriation will:

· Maximize state appropriations to Oklahoma’s campuses

· Reduce financial barriers for student access

· Honor endowed chair matches

· Enhance economic development

· Boost the EDGE endowment

Chancellor Johnson reported that since 2000 the number of citizens in our state who received college degrees has increased 24.5%, in response to OSRHE’s Brain Gain initiative. It is by now well known that states whose citizens have the highest percentage of college degrees are the states with the highest per capita income. Chancellor Johnson also stated that one year after graduation, 88% of college graduates remain and work in Oklahoma; five years out, 72% of graduates remain in Oklahoma. Chancellor Johnson reported that the appropriation request will give higher education the resources needed to prepare students to compete successfully for high wage jobs, 90% of which require post secondary education.

B. R. #194 POSSIBLE ACTION REGARDING THE LEGISLATIVE AGENDA

Regent Gordon made the motion, seconded by Regent Holloway to authorize a resolution in support of the OSRHE Legislative Agenda.

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

Voting against the motion: None

V. REPORT OF RUSO COMMITTEE PROCEEDINGS

A. BUILDING COMMITTEE REPORT – Chair Richard Ryerson

1. R. #195 Southwestern Oklahoma State University

Regent Ryerson made the motion, seconded by Regent Garrett, to approve the following items on the Southwestern Oklahoma State University Building Committee Report.

a. CAMPUS ENERGY IMPROVEMENTS, PROJECT #6650048

TAC -- Change Order Number 1 – decrease in the amount of $625 to switch HPE units, delete Campbell insulation and add Sayre PC.

TAC -- Change Order Number 2 – increase in the amount of $5,376 to add five room humidity sensors in the Library.

TAC -- Change Order Number 3 – decrease in the amount of $4,470 to disable old zones in Neff and Stewart Halls.

TAC -- Change Order Number 4 – increase in the amount of $10,590 to replace low limit thermostats in the Campbell Building and the Library.

TAC -- Change Order Number 5 – increase in the amount of $10,613 to replace seven smoke detectors for ducts.

TAC -- Change Order Number 6 – change order rejected.

TAC -- Change Order Number 7 – increase in the amount of $20,369 for Administration Building controls.

TAC -- Change Order Number 8 – increase in the amount of $35,018 for Oklahoma Hall controls.

b. OLD SCIENCE THEATRE/BLACK BOX THEATRE

PROJECT #6650018 – EASMENT FOR SANITARY SEWAGE.

Request approval of easement which has been reviewed by legal counsel.

c. INDUSTRIAL TECHNOLOGY BUILDING ADDITION AND RENOVATION – PROJECT #6650054

Request approval to bid and award Phase I of the project based on the presented final architectural plan. The estimate for Phase I is approximately $2.4 million available from the Higher Education Bond Issue, S-13 Offset and E&G funds. The additional estimated cost of Phase II is $500,000.

d. CROWDER LAKE IMPROVEMENTS – PROJECT #6650042

Request permission to design, bid and award or build internally improvements to the lake shore including boat docks, fishing docks, swimming and beach areas and other recreational improvements as requested by the Parks and Recreational Management Department at Southwestern Oklahoma State University. The initial estimate for this project is $60,000 provided by the Higher Education Bond Issue.

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

Voting against the motion: None

2. R. #196 Northeastern State University

Regent Ryerson made the motion, seconded by Regent Hibler, to approve the following items on the Northeastern State University Building Committee Report.

a. PROPERTY TRANSFER

Request approval of a General Warranty Deed to the City of Broken Arrow for the construction of the Washington Street extension project. This strip of land is approximately 0.48 acres and will complete the road on the east side of campus connecting with 91^st Street. Additionally, approve a temporary construction easement for a period not to exceed 12 months from the date construction begins.

b. CHANGE ORDER #6

Request approval of Change Order #6 with Oakridge Builders, Inc. There will be an increase of $18,724.80 to the contract with Oakridge Builders. The contract total will be $5,401,196.15. This project is funded through the 2005 State Higher Education Bond Issue.

1) Grinding and bead blasting 5,280 square feet of the 2^nd floor – Contract increase of $13,285.30.

2) Refund of 4% fee from Oakridge Builders for the unused allowance package – Contract decrease of ($1,240.00).

3) Provide louver vents at stair and mechanical room – Contract increase of $1,574.47.

4) Shim and provide wood trim for chalkboards at 3 tiered classrooms – Contract increase of $3,644.94.

5) Provide and install additional hardware for door at north east entrance – Contract increase of $837.43.

6) Modify line that drains MAU #1 to allow drainage of the unit to be redirected – Contract increase $622.66.

c. CHANGE ORDER #7

Ratification of approval granted December 20, 2007 by Building Committee Chair Richard Ryerson for Change Order #7 in the amount of $96,286.06 to Oakridge Builders on the Science Building Renovations project. The contract amount with the latest change order is $5,497,482.21. This change order will address sound issues in the classrooms related to the HVAC equipment. This project is funded through the 2005 State Higher Education Bond Issue.

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

Voting against the motion: None

3. R. #197 East Central University

Regent Ryerson made the motion, seconded by Regent Holloway, to approve the following items on the East Central University Building Committee Report.

a. CONCURRENT RESOLUTION

Request that the board authorize and approve the University administration to propose a concurrent resolution to the 2008 session of the Oklahoma Legislature allowing for the issuance of revenue bonds not to exceed $10 million for the construction, renovation, remodeling, and expansion of the University Center Facilities.

b. REAL ESTATE PURCHASE

Request approval to purchase real estate located at 828 and 830 East Main Street for a negotiated sales price of $350,000. The property includes one vacant lot and a second lot with a single story general commercial building of approximately 3300 square feet. The combined dimensions of the property are 117 feet wide and 140 feet deep. The property is directly west of the new Hallie Brown Ford Fine Arts Center in the northwest corner of the intersection of Main and Center Streets. The university previously purchased real estate on the west side of the property (820 East Main) and will construct an arts-based small business incubator. The properties may be cleared to provide much needed parking for the Fine Arts Center and the small business incubator. The purchase will include a contribution of $100,000 from the seller and university funds not to exceed $250,000. The university payment will not exceed the appraised value. Bond funds from the Hallie Brown Ford Fine Arts Center will be used.

c. BID AWARD FOR FINE ARTS CENTER AV/LIGHTING

– PROJECT #230-0038

Request approval to award the contract for the installation of stage lighting, rigging, and audio visual equipment for the Hallie Brown Ford Fine Arts Center to Production Resource Group.  The bid of $1,345,794.40 is the lowest responsible bid submitted based on a 90-day completion schedule.  The bidding process was necessitated by the rejection of change order #11 of the original construction contract with Shiloh Construction.  Bond funds, private donations, and previously dedicated institutional funds will be used to pay the approved construction contract.

d. SELECTION OF ARCHITECT THROUGH ON CALL

CONSULTANT PROGRAM

Request permission to contract with Childers and Childers Architects and Associates, P.C., for the purpose of designing the construction documents, assisting with the bid phase, and construction observation for the Pat O’Neal Strength and Conditioning Center and the East Main Enterprise Center and Incubator.  Childers and Childers will be contracted through the “On Call Consultant Program” directed by the Department of Central Services.  The total architectural cost for the Pat O’Neal Center is $37,800 and will be paid through donated funds and/or student activity facility fee funds.  If private donations do not match the total cost for construction, the project will be delayed and the architectural cost reduced accordingly.  The East Main Enterprise Incubator architectural cost is a range of $15,600 (renovation)-$18,900 (new construction).  Costs will be paid through a grant from the United States Department of Agriculture.

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

Voting against the motion: None

4. R. #198 University of Central Oklahoma

Regent Ryerson made the motion, seconded by Regent Holloway, to approve the following items on the University of Central Oklahoma Building Committee Report.

a. Approval for funds for projects as follows:

1) FORENSIC SCIENCE BUILDING - PROJECT # 120-0065

Increase project budget for the project in the amount of $4,000,000 for the Forensic Science Building Phase II project. The Board approved the project November 2005. (R# 115) (OCIA Bonds 2006 Issue)

2) FORENSIC SCIENCE BUILDING - PROJECT # 120-0065

Approve award of contract for the Forensic Science Institute Phase I and II project to the lowest responsive bidder for the project. Bids for the project are to be received shortly after the January meeting. A tabulation of the bids received will be presented to the Board at the next scheduled meeting on March 13, 2008 for Ratification. The Board approved the project November, 2005. (R# 115)(OCIA Bonds 2006 Issue, E&G Funds, Section 13, Section 13 Offset Funds)

3) INDEFINITE DELIVERY GENERAL CONSTRUCTION CONTRACT

Renew contract with Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Conditions Contractor for the period December 20, 2007 thru January 16, 2009. This is the third year of a potential five year renewal option for the IDGCC Contractor exercised at the discretion of the University. The Board approved the project February 2005 (R#162)

4) HEALTH AND SAFETY - PROJECT # 120-0060

Fund, design and bid the Coyner Hall Room 151C Exhaust System Improvements Project. The project budget is $325,000. (E&G Funds)

5) MAJOR REPAIR AND DEFERRED MAINTENANCE

PROJECT # 120-0027

Fund, design and bid to the lowest responsible bidder for the Communications Building Auditorium Room 120 Remodel. The project budget is $150,000. (E&G Funds)

6) MAJOR REPAIR AND DEFERRED MAINTENANCE

PROJECT # 120-0027 MID CONTINENTAL RESTORATION, INC.

Request approval for Final Completion of the Tuckpointing and Waterproofing Project by Mid Continental Restoration, Inc., as complete on November 18, 2007. The total cost of the contract is $492,894.15. The Board approved the project February 2006 (R#219) and June 2006 (R# 374) (Section 13, Section 13 Offset and E & G Funds).

7) PARKING, SIDEWALKS, LIGHTS AND LANDSCAPING PROJECT #120-0013

Request approval for Final Completion of the Parking Lot 10 & 11 Improvements Project by Diversified Construction of Oklahoma City, Inc., the Indefinite Delivery General Construction Contractor, as complete on October 31, 2007. The total cost of the contract is $262,458.81. The board approved the project March 2007 (R#211) (Auxiliary Funds).

b. Change Order Report:

1) MAJOR REPAIRS AND DEFERRED MAINTENANCE

- PROJECT # 120-0032 MID CONTINENTAL RESTORATION, INC.

Total Change Order increase in the amount of $14,833.15.

This includes the following small Change Orders:

i. Change Order No. 5 to deduct north side waterproofing at the Music Building, add tuckpointing, waterproofing and drainage work at the Art Building, Evans Hall and Wellness Center and extend the Contract Substantial Completion Date to November 18, 2007.

ii. Change Order No. 6 for waterproofing and sealant at the Wellness Center Rotunda.

iii. Change Order No. 7 for additional tuck-pointing at Evans Hall.

iv. Change Order No.8 to revise drainage work based upon site conditions exposed during work.

v. Change Order No. 9 to replace an existing defective sump pit exposed during site work at the Art Building.

The board approved the project September 2004 (R# 43, #46,#48), June 2005 (#288, #290) and June 2006 (R# 374) (Section 13, Section 13 Offset and E & G Funds).

2) PARKING, SIDEWALKS, LIGHTS AND LANDSCAPING PROJECT #120-0013 DIVERSIFIED CONSTRUCTION OF OKLAHOMA, INC.

Change Order No. 1 in the amount of $11,874.71 for Parking Lot 10 & 11 Improvements Project, for fencing, barricades, and signage to enclose and direct pedestrians and drivers around the work area.

3) PARKING, SIDEWALKS, LIGHTS AND LANDSCAPING PROJECT #120-0013 DIVERSIFIED CONSTRUCTION OF OKLAHOMA, INC.

Change Order No. 2 in the amount of $11,291.65 for Parking 10 & 11 Improvements Project, for a retaining wall, guardrails, and additional pavement repairs.

c. Ratification Items:

None to report.

d. Information Items:

1) WELLNESS CENTER PHASE II - PROJECT # 120-0044

A contract was awarded to Diversified Construction of Oklahoma, Inc., the Indefinite Delivery General Construction Contractor for the Challenge Course Rappel Tower in the amount of $82,794.02. Board approved the project July, 1999 (R#4) (Student Revenue