minutes April 2005

TABLE OF CONTENTS

Agenda of April 15, 2005............................................................................................ 1-14

Minutes of April 15, 2005.......................................................................................... 15-35

Attachments to Minutes........................................................................................... 36-128

MINUTES

Friday, April 15, 2005, 9:00 a.m.

Southeastern Oklahoma State University

Russell Building Auditorium, 3^rd Floor

Durant, Oklahoma

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

The Board of Regents of Oklahoma Colleges met in regular session at 9:00 a.m., April 15, 2005, Southeastern Oklahoma State University, Russell Building Auditorium, 3^rd Floor, Durant, Oklahoma. Notice of the meeting had been properly filed with the Secretary of State, November 18, 2004, and a copy of the Agenda posted by 9:00 a.m., April 14, 2005 in compliance with the Open Meeting Act.

II. CALL TO ORDER AND REGENTS’ ROLL CALL

Board Chair Poag called the meeting to order. Roll call established the presence of a quorum with seven Regents present.

Steve Poag, Chair, Position 1

Belva Howard, Regent, Position 2

Joe Anna Hibler, Regent, Position 3

Jan Gordon, Regent, Position 4

Mickey Thompson, Regent, Position 5

Richard Ryerson, Regent, Position 6

Ann Holloway, Regent, Position 7

R. #182 – EXCUSE ABSENT REGENT

Regent Howard made the motion, seconded by Regent Holloway, to excuse Regents Mark Stansberry, Position 8 and Sandy Garrett, Position 9.

Voting for the motion: Regents Howard, Holloway, Hibler, Gordon, Thompson, Ryerson, Poag

II. CALL TO ORDER AND REGENTS’ ROLL CALL (Continued)

R. #182

Voting against the motion: None

GUESTS

Grady Pennington, Oklahoma Small Business Development Center,

Southeastern Oklahoma State University, Durant, Oklahoma

Richard Ayers, Director for University Advancement, Southeastern Oklahoma

State University, Durant, Oklahoma

Ross Walkup, Vice President for Business Services, Southeastern Oklahoma

State University, Durant, Oklahoma

Sharon Berish, Vice President for Student Services, Southeastern Oklahoma

State University, Durant, Oklahoma

Jeff Hale, Assistant Vice President for Academic Affairs, Southeastern Oklahoma

State University, Durant, Oklahoma

Alan Burton, Assistant Director of Public Information and Special Events,

Southeastern Oklahoma State University, Durant, Oklahoma

Dan Hoke, Photographer/Graphic Designer, Southeastern Oklahoma

State University, Durant, Oklahoma

Liz McCraw, Dean of Students, Student Services, Southeastern Oklahoma

State University, Durant, Oklahoma

Ann Haycock, Assistant Vice President for Information Technology, Academic

Affairs, Southeastern Oklahoma State University, Durant, Oklahoma

Raquel Hutchens, Chief of Staff, Southeastern Oklahoma

State University, Durant, Oklahoma

Debbie Smarr, Assistant to the President, Southeastern Oklahoma

State University, Durant, Oklahoma

Ron Bussert, Vice President for Fiscal Affairs, East Central University, Ada,

Oklahoma

Kim Cherry, Vice President for Administration, Northeastern State University,

Tahlequah, Oklahoma

Neal Weaver, Director of Institutional Advancement, Northeastern State

University, Tahlequah, Oklahoma

Tom Fagan, Vice President for Administration and Finance, Southwestern

Oklahoma State University, Weatherford, Oklahoma

OTHERS PRESENT

University Presidents

Bill Cole, President, East Central University, Ada, Oklahoma

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

OTHERS PRESENT (Continued)

University Presidents

Paul Beran, President, Northwestern Oklahoma State University, Alva

Oklahoma

Glen Johnson, President, Southeastern Oklahoma State University, Durant,

Oklahoma

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

Oklahoma

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

Board Administrative Staff

Sheridan McCaffree, Executive Director

Charlie Babb, General Counsel

Pat Shiflett, Administrative Assistant

III. MINUTES OF PREVIOUS MEETING

R. #183 – MINUTES OF FEBRUARY 18, 2005

Regent Ryerson made the motion, seconded by Regent Hibler, to approve the minutes of the February 18, 2005 regular meeting.

Voting for the motion: Regents Ryerson, Hibler, Howard, Gordon, Thompson, Holloway, Poag

Voting against the motion: None

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS

A. ACADEMIC AFFAIRS COMMITTEE –Regent Belva Howard

(Attachment A, Pages 36-47)

1. Update – Response to nine governance questions

Regent Belva Howard provided the responses to the nine governance questions posed by Dr. Don Betz at the February 18, 2005 Board meeting to the Board and the presidents. She stated that the Academic Affairs Committee will work on the responses by identifying common themes and also diverse responses. The committee welcomes any further input from anyone regarding the governance questions.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

A. ACADEMIC AFFAIRS COMMITTEE

2. Southwestern Oklahoma State University

R. #184 – PROGRAM MODIFICATION

Regent Howard made the motion, seconded by Regent Gordon, to approve the program modification request for a change in department name for the Bachelor of Science in Computer Science and the Bachelor of Science in Information Systems degree programs.

Voting for the motion: Regents Howard, Gordon, Hibler, Thompson, Ryerson, Holloway, Poag

Voting against the motion: None

3. Northeastern State University

R. #185 – ACCREDITING AGENCY ACTION

Regent Howard made the motion, seconded by Regent Ryerson, to approve the action taken by the following accrediting agencies:

a. Council on Social Work Education relative to

accreditation.

b. Association of Collegiate Business Schools and

Programs relative to accreditation.

c. Accreditation Council on Optometric Education relative

to accreditation.

d. Commission on Accreditation for Dietetics Education

relative to accreditation.

Voting for the motion: Regents Howard, Ryerson, Hibler, Gordon, Thompson, Holloway, Poag

Voting against the motion: None

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

A. ACADEMIC AFFAIRS COMMITTEE

4. Southeastern Oklahoma State University

R. #186 – ADDENDUM – SCHOOL OF BUSINESS

Regent Howard made the motion, seconded by Regent Hibler, to approve the request to name the School of Business the John Massey School of Business.

Voting for the motion: Regents Howard, Hibler, Gordon, Thompson, Ryerson, Holloway, Poag

Voting against the motion: None

B. BUILDING COMMITTEE REPORT – Chair Ann Holloway

(Attachment B, Pages 48-67)

1. Update – Deferred Maintenance Survey Report.

This item will be on the May 2005 agenda to determine what additional information is needed regarding replacement cost of the buildings on the campuses.

Regent Holloway made the motion, seconded by Regent Gordon, to approve the following Building Committee items submitted by Southeastern Oklahoma State University, Northwestern Oklahoma State University, Northeastern State University, East Central University, Southwestern Oklahoma State University, and the University of Central Oklahoma:

2. Southeastern Oklahoma State University

a. R. #187 – STUDENT UNION PROJECT

PROJECT ##6600440 - CONSTRUCTION MANAGER

Accept the Guaranteed Maximum Price (GMP) negotiated with Manhattan Construction as the Construction Manager “At-Risk” on the Student Union Project in the amount of $7,796,690.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

B. BUILDING COMMITTEE REPORT

2. Southeastern Oklahoma State University

b. R. #188 – EAKER FIELD – PROJECT #6600335

Bid and award a contract to repair the apron at Eaker Airfield. Cost not to exceed $650,000. (Grant Funds and Section 13 and New College Funds)

c. Update on the Student Housing Project.

3. Northwestern Oklahoma State University

R. #189 – CAPITAL BOND ISSUE – ARCHITECTUAL SERVICES

Begin the selection process for architect services to develop the construction drawings, specifications, and bid documents on projects to be funded by the Higher Education Bond Issue 2005. The projects are:

a. Construction of a Multi-purpose Education Building at the Woodward Campus.

b. Renovation of the Science Building.

c. Renovation of the Health and Physical Education Building.

4. Northeastern State University

a. R. #190 - ENROLLMENT MANAGEMENT CENTER PROJECT #4850058

Authorize NSU to proceed with the selection of the architect and to let bids for the Enrollment Management Center, but require NSU to request approval for awarding the construction contract and increase the project amount from $3.5 million to $4.5 million. This project will have $4,000,000 funding through the Higher Education Bond Issue 2005 and the balance through Section 13/New College funds. (2001-#55, 2000-R#142)

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

B. BUILDING COMMITTEE REPORT

4. Northeastern State University

b. R # 191 - BROKEN ARROW CAMPUS PHASE II PROJECT #4850057

Ratification of the selection of Oakridge Builders as the Construction Manager for the Broken Arrow Campus Phase II project. Emergency approval was granted by Chairman Poag on March 31, 2005. Delegate authority to President Williams to bid and award the resulting construction contracts.

The Board will be notified, as an informational item, at the next scheduled meeting following the award of each of the construction contracts.

5. East Central University

a. R. #192 - CAMPUS MASTER PLAN REVISION

Revise the Campus Master Plan to reflect the total cost of the Fine Arts Center project of $20,000,000. This figure reflects all construction phases, demolition of existing structures on construction site, architectural and engineering, land acquisition and preparation and parking improvements and additions.

b. R. #193 - FINE ARTS CENTER-DEMOLITION

PROJECT #2300038

Four bids were received for the demolition of buildings in preparation for the construction of the Fine Arts Center. The bid was awarded, without Alternate #1, to Hallaman Excavation, Inc. of Stratford, Oklahoma for $79,388. (Revenue Bond and Private Gift Funds)

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

B. BUILDING COMMITTEE REPORT

5. East Central University

b. R. #193

Base Bid Alternate #1

Ark Wrecking Co. $127,700 $2,200

Tulsa, OK

Hallaman Excavation $ 79,388 $7,600

Stratford, OK

M & M Wrecking $204,786 $8,527

Blanchard, OK

Midwest Wrecking $119,920 $8,800

Oklahoma City

c. FINE ARTS CENTER - PROJECT #2300038

Fund, bid and award contracts to the lowest responsible bidder for the construction of the Fine Arts Center and related parking improvements and additions. Completion of the project and the related obligations for construction will be dependent upon and coordinated with the receipt of the Higher Education State Bond proceeds. Funding sources are Revenue Bond, Higher Education Bond Issue 2005 and Private Gift.

No action was taken on this item.

d. R. #194 - FINE ARTS CENTER - FRIENDLY SUIT

PROJECT #2300038

Dissolve all alley, utility and other such easements on the location of the future site of the Fine Arts Center by bringing legal action in the name of the Board of Regents of Oklahoma Colleges to seek a court decree of dissolution of all such easements. Authorization to execute all related documents and take all action necessary to consummate the transaction as described.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

B. BUILDING COMMITTEE REPORT

6. Southwestern Oklahoma State University

a. R. #195 – OKLAHOMA RESIDENT HALL WATER COOL TOWER

Bid and award the renovation of the Oklahoma Resident Hall water cooling tower at an estimated cost of $80,000. (Auxiliary Funds)

b. R. #196 - STUDENT UNION RENOVATION - PROJECT #6650023

Authority to participate in the OSRHE Master Lease program to finance up to $1,000,000 for equipment for the renovation of the Memorial Student Union. This includes kitchen, general and associated HVAC equipment.

c. R. #197 - STUDENT UNION RENOVATION

PROJECT #6650023

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

The Board 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 purchase approved for the OSRHE Master Lease Purchase Program.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

B. BUILDING COMMITTEE REPORT

6. Southwestern Oklahoma State University

d. R. #198 – BOND PURCHASE PROGRAM REIMBURSEMENT RESOLUTION

Bond Purchase Program Reimbursement Resolution allowing Southwestern Oklahoma State University to proceed with these eight projects prior the availability of funds for the following listed eight projects (Statewide Higher Education Bond Issue 2005).

Project #6650021 – Chemistry/Pharmacy/Physics

Building Renovation

Project #6650018 -- Old Science Building

Renovation/Theatre Addition

Project #6650041 -- Instructional, Laboratory and

Other Equipment

Project #6650048 -- Campus Energy

Improvements

Project #6650045 -- Sayre Classrooms

Improvements

Project #6650042 -- Instructional Buildings

Crowder Lake

Project #6650054 -- Industrial Technology

Building

Project #6650051 -- Art Building Improvements

Board 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.

IV. REPORT OF BOARD COMMITTEE PROCEEDINGS (Continued)

B. BUILDING COMMITTEE REPORT

6. Southwestern Oklahoma State University

d. R. #198

core operating funds expended on purchase approved

for the statewide Higher Education Bond Issue of 2005.

7. University of Central Oklahoma

Projects

a. R. #199 - ROOF REPAIR AND REPLACEMENT

PROJECT #1200043

Fund, design, bid and award contract to lowest responsible bidder for the Broncho III (IV) Roof Replacement project. Project budget is $35,000. (Auxiliary Funds)

b. R. # 200 - PARKING, SIDEWALKS, LIGHTS & LANDSCAPING - PROJECT #1200013

Fund, design, bid and award contract to lowest responsible bidder for the West Hall Gazebo and Landscaping project. Project budget is $30,000. (Auxiliary Funds)

c. R. #201 - MAX CHAMBERS LIBRARY RENOVATION PROJECT #1200047

Fund, design, bid and award contract to lowest responsible bidder for the Third Floor College of Education renovation. Project budget is $120,000. (Library Facility Fee, E&G, Section 13, and Offset Funds)

BOARD OF REGENTS

OF

REGULAR BOARD MEETING

April 15, 2005