02-21-92minutes

Board of Regents

OFFICIAL MINUTES

Board of Regents' Meeting
February 21, 1992
Westmark Cape Fox Lodge
Ketchikan, Alaska

Regents Present :

Robert F. Williams, President

Morris Thompson, Vice President

Mark H. Helmericks, Treasurer - via audioconference

Virginia W. Breeze

Eric Forrer

Sharon D. Gagnon

Joseph R. Henri

Michael P. Kelly

Tim Lamkin

Lew Williams, Jr.

Jerome B. Komisar, Executive Officer & President of the

University of Alaska

Regents Absent :

Susan A. Stitham, Secretary

In Attendance :

Donald F. Behrend, Chancellor, University of Alaska Anchorage

Marshall Lind, Chancellor, University of Alaska Southeast

Joan Wadlow, Chancellor, University of Alaska Fairbanks

George C. Christensen, Vice President for Academic Affairs

William R. Kauffman, Vice President and General Counsel

Wendy Redman, Vice President for University Relations

Brian Rogers, Vice President for Finance

Jeannie D. Phillips, Regents' Affairs Officer

Gerald Neubert, Executive Director, SW Facilities Planning

& Construction

Patty Kastelic, Executive Director, Statewide Human Resources

Jim Lynch, Controller and Associate Vice President for Finance

Helen Anne Myers, Assistant Vice President for Academic Affairs

Marsha Hubbard, Director, Budget Development

Martin Epstein, Director, Land Management

Ray Highsmith, President, UA General Assembly

Frances Feinerman, Director, Ketchikan Campus, UAS

Beverly Beeton, Vice Chancellor for Academic Affairs, UAA

Luis Proenza, Vice Chancellor for Research, UAF

Michael Rice, Vice Chancellor for Administration, UAF

William Sackinger, Associate Professor, UAF

1. Call to Order

Board President Williams called the meeting to order at 7:45 a.m. on Friday, February 21, 1992.

2. Adoption of the Agenda

Regent Lamkin moved, seconded by Regent Kelly, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents adopts the agenda as presented.

1. Call to Order

2. Adoption of the Agenda

3. Approval of the Minutes

4. Comments

5. External Audit Report

6. 1992 Commencement Schedule

7. Modification to Board of Regents' Meeting Schedule

8. Policy on Inventions, Patents, Copyrights, Trademarks and Other Intellectual Properties

9. Report on Printing of Publications

10. Executive Session

11. Approval of Honorary Degrees and Meritorious Service Awards Recipients

12. Naming of the Geophysical Institute Library

13. Consent Agenda

a. Committee of the Whole

(1) Disability Leave Bank Policy

(2) FY92 & FY93 Budget Status

(3) FY94 Planning Assumptions

(4) Policy on Regents' Travel

* (5) Removed from Consent Agenda - see Item 13b(1)

b. Committee of the Whole - Information and Other Items

* (1) FY92 Tuition and Student Fee Report

(2) Visitor Industry Program Presentation

(3) Childcare Needs Assessment

(4) Report on Federal Land Grant

c. Finance, Facilities, and Land Management Committee

(1) Policy on Games of Chance and Skill

(2) University of Alaska Facilities Planning and Construction Statewide Term Consultant Pool (March 1, 1992 - December 31, 1994) - Approval of Consultants Selection

(3) University of Alaska Fairbanks O'Neill Building Ventilation/Exhaust Retrofit - Approval of Architectural/Engineering Consultants

* (4) Removed from Consent Agenda - see Item 13d(1)

(5) University of Alaska Fairbanks Hess Commons Roof Rehabilitation - Approval of Schematic Design and Authority to Bid and Award a Contract

(6) University of Alaska Fairbanks Elvey Elevator Asbestos Removal - Approval of Schematic Design and Authority to Bid and Award a Contract

* (7) University of Alaska Fairbanks Power Plant Chiller Condenser - Schematic Design Approval and Authority to Bid and Award a Contract (added)

* (8) University of Alaska Fairbanks Farmers Loop Road Realignment (added)

d. Finance, Facilities, and Land Management Committee - Information and Other Items

(1) University of Alaska Fairbanks Elvey Building Photo Lab Ventilation/Exhaust Retrofit - Approval of Architectural/Engineering Consultants

(2) Report on University Debt

14. Report from Board of Regents' Representatives on the Alaska Commission on Postsecondary Education

15. Chancellors' Status Reports

16. Administrative Status Reports

17. Regents' and Presidents' Comments

18. Other Items of Concern to the Board of Regents

19. Adjourn

This motion is effective February 21, 1992."

3. Approval of the Minutes

Regent Henri requested a correction on Page 9 of the December 12-13, 1991 meeting minutes: delete the word "undesignated" and replace it with "earnings of the."

Regent Kelly moved, seconded by Regent Henri, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves the minutes of the December 12-13, 1991 Board of Regents' meeting as amended (Reference 14a); the December 17, 1991 Special Board of Regents' meeting (Reference 14b); and the January 7, 1992 Special Audioconference Board of Regents' meeting (Reference 14c). This motion is effective February 21, 1992."

4. Comments

A. General Assembly

Ray Highsmith, president of the General Assembly, shared his views on Exxon Valdez oil spill fund concerns, particularly the lack of university representation on the fund committee; and on the university's land grant.

B. Alumni

Susan Dickenson, a Ketchikan campus and University of Alaska Fairbanks alumnus, expressed her appreciation for Ketchikan campuses commitment to the community; and remarked on child care needs for non-traditional students.

Joyce Frank, alumnus of the Ketchikan VIP program, thanked Dr. Feinerman for her support; commented on the Saxman Arts Cooperative; and urged the Board to support additional funding for VIP programs.

John Clifton, graduate of the MBA program at the Ketchikan campus of UAS, and vice president of First Bank, encouraged the university to continue efforts in providing bachelor and master's degree programs to rural sites; spoke of continuing education possibilities for students; and urged the university to continue the vocational education programs as an essential component of the college.

C. University/College Councils

Phyllis Yetka, member of the Ketchikan Campus Advisory Council, welcomed the Board and staff to Ketchikan; spoke of the history of the Ketchikan campus and its commitment to the citizens of Ketchikan.

Terry Mead, member of the Ketchikan Campus Advisory Council and business manager at Ketchikan General Hospital, commented on the similarities between a hospital and a community college; funding issues; and the importance of the university to the community.

Paul McIntosh, member of the Ketchikan Campus Advisory Council and public affairs officer with the U. S. Forest Service, commended the campus for offering the opportunity for career advancement to Forest Service employees; spoke of the educational functions of the Forest Service in connection with the campus, e.g., anthropology, economic development center, Visitor Industry Program partnerships; and added his appreciation for the Ketchikan campuses commitment to personal and community enrichment adding to quality of life.

John Cote, Ketchikan Gateway Borough Assembly member, member of the Ketchikan Campus Advisory Council, and adjunct faculty member in Speech at Ketchikan campus, commented on the community support for Ketchikan campus and its impact on Ketchikan High School graduates.

Richard "Chip" Mullen, member of the Maritime Studies Advisory Council at Ketchikan campus, manager at SeaPro, and adjunct faculty at Ketchikan campus, spoke of the importance of maritime studies in Southeast Alaska, and urged the Board to consider future program requests in this area.

Erma Mead, member of the Ketchikan Campus Advisory Council, gave a historical perspective of how Ketchikan campus was created with the help of the American Association for University Women, and urged the Board to visit the Ketchikan campus more regularly.

D. Faculty and Staff

Ray Highsmith, president of the University of Alaska Fairbanks faculty senate, commented on the current focus of the UAF program review process; made several suggestions for more efficient operations at UAF; and spoke of the parking problems at UAF.

Mike Baran, president of the University of Alaska Southeast faculty senate, welcomed the Board to the Ketchikan campus, and urged the regents to remember that the opportunity for higher learning would not be possible in Ketchikan without the presence of the Ketchikan campus.

Jack Shay, adjunct faculty member, and City Council member, stated his appreciation for the placer mining courses offered by the University of Alaska.

E. Students

Naoko Takayama, Visitor Industry Program student from Tokyo, Japan, expressed her delight in living in Ketchikan, studying in the VIP program, and making new friends in America.

Steve Goldsmith, social work student and former logger in Southeast Alaska, described his reasons for leaving the logging industry and returning to school to pursue a degree in Social Work with the intention of working in a Drug and Alcohol Rehabilitation setting. He spoke of his appreciation for the opportunity to study at the Ketchikan campus and the help he has received at the campus Learning Center.

Paula Lee, nursing student and single parent, spoke of the difficulty of pursuing her education without day care alternatives and urged the regents to remember the importance of day care issues.

Raymond Dell, maritime program student and former commercial fisherman, discussed his reasons for leaving the industry to pursue a degree in maritime studies, and urged the regents to consider a full program in Maritime Studies at the Ketchikan campus of UAS. He also expressed his appreciation for help received at the Ketchikan Campus Learning Center.

Chris Makua, Tlingit Indian, fisherman, and student in the Ketchikan campus Tlingit language course, thanked the Board for upgrading the standards of his household by providing an institute for higher learning in his community.

Joel Hinz, president of the Associated Students of University of Alaska Southeast, expressed his concerns regarding the proposed tuition increase and change in the consolidated fee, and encouraged the Board to consider three recommendations from the UAS student government: (1) encourage the Alaska Commission on Postsecondary Education to increase the loan amount from $5,500; (2) increase funds within the student loan program; and (3) give students more time to react to any tuition changes.

Sue Thompson, president of the Associated Students of University of Alaska Fairbanks, thanked the regents for postponing action on the tuition increase, and urged the Board to not change the tuition policy approved in September of 1991.

Ted Gardner, student senator from University of Alaska Fairbanks, urged the Board to keep the current consolidated fee; and to abide by the tuition policy adopted by the Board in September of 1991.

F. Public

Bill Jones, Ketchikan City assistant manager, spoke of the college's connection with the town of Ketchikan; and praised the Economic Development Center at Ketchikan campus.

Roxanna Adams, director of the Totem Heritage Center, student, and member of the American Association of University Women, spoke of the Center's employment of VIP program students and urged the expansion of this program to other sites in Southeast Alaska; and commented on the importance of upper level and graduate courses at rural sites.

Mary McCafferty, director of Ketchikan JOBS program, spoke of the cooperation between the Ketchikan campus and the Alaska Work Programs.

Robert St. Clair, marketing director of First Bank, urged the university to continue supporting Ketchikan campus' mission to deliver continuing education and life-long learning.

CWO Rod Barnes, U.S. Coast Guard personnel officer, commented on the importance of the campus for providing continuing education to Coast Guard personnel; on the Coast Guard's role in bringing students to the campus; and expressed a concern on the need for more upper division courses and independent study courses to enable Coast Guard personnel to obtain a degree while stationed in Ketchikan or other University of Alaska sites.

Lynda Adams, member of the Council on Alcohol and Drug Abuse, spoke of her appreciation to the campus which has enabled her to take continuing education courses through the years; and the cooperative efforts with the Council and Ketchikan campus.

Hans Antonsen, a maritime industry employee, urged the Board to consider a Maritime Program and/or Academy in Ketchikan with the assurance that the maritime industry would support such a program.

Verna Mason, a Haida Indian from Saxman, thanked the Board for allowing her daughter to graduate from UAA wearing her traditional Native costume, and thanked the Board for the educational opportunities provided to her family.

5. External Audit Report

Mr. David McCambridge, partner for KPMG Peat Marwick, the external auditors for the University of Alaska, presented the auditors' findings, reviewed the management letter, and answered questions from the Board on external audit matters.

6. 1992 Commencement Schedule

Board members were advised by Board President Williams to submit in writing to the Regents' Affairs Office which commencement ceremonies they wish to attend for the Spring 1992 commencement. President Williams also stated his intention to review the list and designate which regents' would attend which commencement.

Commencement Schedule Spring 1992

Friday, May 1 Kuskokwim Campus of UAF

Friday, May 1 Kodiak College of UAA

Saturday, May 2 Kenai Peninsula College of UAA

4:00 p.m. Kenai Central High School

Saturday, May 2 Bristol Bay Campus of UAF

2 p.m. Dillingham Sam Fox Museum

Sunday, May 3 Anchorage Campus of UAA

5:00 p.m. Sullivan Arena

Friday, May 8 Matanuska-Susitna College of UAA

7:30 p.m. Wasilla Middle School

Friday, May 8 Juneau Campus of UAS

7:00 p.m. Centennial Hall

Sunday, May 10 Fairbanks/Interior Campus of UAF

1:30 p.m. Patty Gymnasium

Wednesday, May 13 Sitka Campus of UAS

7:00 p.m. Japonski Island Building

Thursday, May 14* Northwest Campus of UAF

7 p.m. Mini-Convention Center

Friday, May 15 Ketchikan Campus of UAS

7:00 p.m. Revilla High School

Saturday, May 16 Prince William Sound Community

7:00 p.m. College; Valdez Civic Center

Sunday, July 5 Chukchi Campus of UAF

* This is a change from the previously published May 7 date.

7. Modification to Board of Regents' Meeting Schedule

Board members considered a request that the June 11 Finance, Facilities & Land Management Committee meeting be held in Cordova (the Academic & Student Affairs Committee would remain in Valdez as scheduled); and that the September 24-25, 1992 Board of Regents' meeting location be changed from Cordova to Fairbanks.

Board President Williams recommended that the schedule further be revised to move the February 18-19, 1993 meeting of the Board from Juneau to Kodiak, and the April 22-23, 1993 meeting of the Board from Kodiak to Juneau. This change would enable the Board to interact with legislators during the legislative session.

Regent Forrer moved, seconded by Regent Henri, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves changes to the Board of Regents' meeting schedule to allow the following location changes: June 11, 1992 Finance, Facilities & Land Management Committee meeting from Valdez to Cordova; and the September 24-25, 1992 Board of Regents meeting location from Cordova to Fairbanks; the February 18-19, 1993 meeting of the Board from Juneau to Kodiak; and the April 22-23, 1993 meeting of the Board from Kodiak to Juneau. This motion is effective February 21, 1992."

8. Policy on Inventions, Patents, Copyrights, Trademarks and Other Intellectual Properties

The university administration recommended the repeal of existing Board of Regents policies concerning patents and copyrights and to replace those policies with the policy indicated below. The very general policy statement recognizes and encourages the development of intellectual property in the university community and directs the President to adopt appropriate regulations encouraging and supporting intellectual activity by the university community.

The original policies were adopted in 1979. At that time there was little interest in the protection of intellectual property by the university with whatever interest that did exist being directed to copyrights. At the time of the adoption of the original policy, it was not possible for the university to secure a patent on inventions developed in the course of federally-funded research. That changed in 1980 when Congress amended the patent laws by stating in part that

It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally-funded research or development; . . . to promote collaboration between commercial concerns and nonprofit organizations, including universities . . . .

35 USC 200. Subject to certain limited exceptions as set forth in the 1980 amendments and march-in rights retained by the federal government, it has been possible since the adoption of the amendment for colleges and universities in this country to secure patent protection for inventions arising out of federally-funded research. Despite this change in the law, little or no attention was paid to the existing University of Alaska patent policy until certain issues developed in the last half of the 1980's relating to the allocation of rights between a private sponsor and a faculty member who had done previous research prior to employment with the university in the same area. On April 14, 1989, former President Donald O'Dowd appointed the Patent Committee contemplated by the existing patent regulations and in addition to being responsible for the administration of the existing policy and regulation, charged the body with the development of a new policy and regulations designed to meet the needs of a comprehensive university. That body worked very diligently in analyzing the intellectual property policies of a significant number of American universities. On June 20, 1990, former President O'Dowd submitted the policy to then General Assembly President Norma Mosso and requested the General Assembly's review. Comments were received from the General Assembly and other segments of the university community. Many concerns were accommodated with no exception being taken to the proposed policy. Any concerns that were noted related to the proposed regulation and tended to focus on either the division of royalties or the wisdom of the central management of this subject. Subsequently, further amendments to the regulation were made by the Patent Committee as a result of concerns raised by other segments of the university community, particularly with respect to the payment of royalties for copyrights developed in a work-for-hire context.

The proposed regulation being submitted to the Board of Regents for its information provides for the administration of intellectual property by the president of the university or such person as the president may designate. The regulation contemplates that a director of intellectual property and licensing be appointed to perform a long list of duties associated with intellectual property administration and particularly those tasks associated with the patenting and licensing process. Additionally, the regulation would retain a university intellectual property committee to evaluate inventions and discoveries for patentability and to advise the administration in meeting its responsibilities under the regulation. Considerable attention was directed at the split of royalties between the university and the inventor and the use of the university's proceeds. The regulation also details rights with respect to copyrights, trademarks and other intellectual property which may emerge in the future.

Through the efforts of university inventors and the Patent Committee, the university has made patent applications for seven inventions over the course of the last eighteen months and has received two patents with others expected in the very near future. The adoption of the new policy is significant for the University of Alaska because it places the university in the mainstream of the American university research institutions and serves as a vehicle for the encouragement of the university community to think creatively for the benefit of the university and for themselves.

Dr. Luis Proenza, vice chancellor for research at the University of Alaska Fairbanks, and Dr. William Sackinger, associate professor at the University of Alaska Fairbanks, presented an overview of the history of patents and university systems, as well as patents that have been received by university personnel or are pending at this time.

Regent Kelly moved, seconded by Regent L. Williams, and passed with Regents' Breeze, Forrer, Gagnon, Henri, Kelly, Thompson, L. Williams, and R. Williams voting in favor; and Regent Lamkin voting in opposition that:

PASSED

"The Board of Regents repeals existing policies 04.10.03, Copyrights; 04.10.04, Patents, and adopts as Policy 04.10.03 the following new policy concerning Inventions, Patents, Copyrights, Trade-marks and Other Intellectual Properties. This motion is effective February 21, 1992."

Inventions, Patents, Copyrights, Trademarks and Other Intellectual Properties 04.10.03

In meeting the University's mission of teaching, research and public service, the Board of Regents recognizes and encourages the development of intellectual property of value to the public by University personnel and students.

The President of the University shall adopt appropriate regulations to encourage and support intellectual activity by employees and students, and shall detail rights and obligations concerning inventions, patents, copyrights, trademarks and other intellectual properties developed as a result of University support.

9. Report on Printing and Publications

Alaska Statute 44.99 requires that the University of Alaska establish standards for the printing of university publications. The statute directs that such standards establish when publications may be printed at non-university printing facilities. Recent public comment has focused attention on the relative use of in-house and private-sector printing contracts for university publications. While many university printing needs can best be met by utilization of existing university printing facilities, there are many instances where external contracting is in the best interests of the university.

The Board and the administration have a primary responsibility to assure that financial resources are expended in the wisest and most cost-efficient way possible. At the same time, it is not the intention of the board or the administration that the university engage in competition with the private-sector, or to take on new functions that can efficiently and effectively be provided by Alaska's private-sector. Charges that the university printing shops are soliciting non-university printing contracts are untrue, as is the charge that our printing shops are undertaking major equipment upgrades to directly compete with the private-sector.

The Board's directive to establish regulations is intended to both comply with the state law, and to clarify our printing and publication practices.

Regent Breeze moved, seconded by Regent Kelly, and passed unanimously that:

PASSED

"The Board of Regents directs the President to establish regulations consistent with Board of Regents' policies, sound business practices, and with AS. 44.99 regarding printing of publications. It is the intention of the Board that these regulations enable the University of Alaska to secure printing services that balance costs, quality and timeliness of delivery. This motion is effective February 21, 1992."

10. Executive Session

Regent Thompson moved, seconded by Regent Kelly, and passed unanimously that:

PASSED

"The Board of Regents goes into executive session in accordance with the provisions of AS 44.62.310 to discuss recommendations for recipients of honorary degrees and meritorious service awards and the naming of a university library, these topics all being subjects which might tend to prejudice the reputation and character of a person or persons; and matters relating to litigation and real property, these topics being subjects the immediate knowledge of which would have an adverse effect on the finances of the university. The session shall include members of the Board of Regents, President Komisar, Vice President and General Counsel Kauffman, and such other university staff members as the president may designate and shall last approximately 30 minutes. Thus, the open session of the Board shall resume in this room at approximately 2:30 p.m. A.S.T. This motion is effective February 21, 1992."

The Board of Regents went into executive session at 1:55 p.m.

The Board of Regents returned to public session at 2:20 p.m.

Board President Williams stated that the Board of Regents just concluded an executive session in accordance with provisions of AS 44.62.310 lasting approximately 30 minutes in order to discuss recommendations for recipients of honorary degrees and meritorious service awards and the naming of a university library, these topics all being subjects which might tend to prejudice the reputation and character of a person or persons; and matters relating to litigation and real property, these topics being subjects the immediate knowledge of which would have an adverse effect on the finances of the university.

11. Approval of Honorary Doctoral Degrees and Meritorious Service Awards Recipients

Recommendations submitted by the University of Alaska Anchorage, University of Alaska Fairbanks, and University of Alaska Southeast for recipients of honorary doctoral degrees and meritorious service awards were bound separately and included in regents' agenda packets for their review prior to the February 21, 1992 Board meeting.

Regent Thompson moved, seconded by Regent Henri, and passed unanimously that:

PASSED

"The Board of Regents approves the list of nominees for honorary doctoral degrees and meritorious service awards as proposed for commencement exercises in the spring of 1992, and authorizes Chancellors Behrend, Lind, and Wadlow to invite the approved nominees and announce their acceptance. This motion is effective February 21, 1992."

12. Naming of the Geophysical Institute Library

In accordance with Regents' Policy 06.01.05, all buildings and their sub-units, streets, parks, recreational areas and plazas on all campuses of the University of Alaska Statewide System shall be officially named by the Board of Regents.

Chancellor Joan Wadlow of the University of Alaska Fairbanks has approved a recommendation that the Geophysical Institute Library be named after a highly respected former employee of the Geophysical Institute. In recognition of the nominee's contributions to expanding the research of the Institute, including the establishment of the library, and dedication and many contributions to the Institute and to the University of Alaska Fairbanks, Board of Regents' approval was requested to finalize this recommendation.

Regent Thompson moved, seconded by Regent Kelly, and passed unanimously that:

PASSED

"The Board of Regents names the Geophysical Institute Library on the Fairbanks campus of the University of Alaska Fairbanks, the Keith B. Mather Library. This motion is effective February 21, 1992."

13. Consent Agenda

a. Committee of the Whole

(1) Disability Leave Bank Policy

As a result of a University of Alaska General Assembly request, the Disability Leave Bank Advisory Committee, in consultation with the Statewide Office of Human Resources, has developed and proposed that a leave share program be established to allow employees to voluntarily transfer hours from their unused temporary disability leave balance to the temporary disability leave balance of an employee with a catastrophic medical need.

Regent Kelly requested that the Board review the University Regulations for disability leave at a future meeting.

PASSED

"The Board of Regents approves the amendment to Board of Regents' Policy 04.07.03.C as follows:

C. Exceptions, conditions and limitations applicable to eligibility, accrual and use of temporary disability leave shall be in accordance with uniform regulation. The President may establish by regulation procedures providing for the sharing of temporary disability leave by University employees.

This motion is effective February 21, 1992."

(2) FY92 & FY93 Budget Status

The administration provided a status report on the current year (FY92) budget and the status of legislative consideration of the FY93 operating and capital budgets. Pursuant to Board of Regents' requests, the staff presented the revised FY92 Veto Impact Report (reference bound separately). In addition, the administration reported on requests for supplemental funding in FY92 (Reference 2) and proposed FY93 budget amendments (Reference 3).

Regent R. Williams requested that the administration present future veto impact statements by NCHEMS category.

At the request of the Board, the chancellors summarized how the cuts were applied to their individual campuses.

Regent Thompson expressed his concern on the size of the cuts to the College of Rural Alaska and asked for additional information justifying this large of a percentage.

President Komisar suggested that the Board hold a discussion at the April Board meeting that would outline areas that should be protected should further cuts be necessary in the future.

PASSED

"The Board of Regents approves the University of Alaska's FY92 Supplemental Requests and the FY93 Budget Amendments as described in Reference 2 and Reference 3. This motion is effective February 21, 1992."

(3) FY94 Planning Assumptions

Staff provided an overview of the FY94 Planning Assumptions. The planning assumptions will serve as an instruction document to the campuses in preparation of their FY94 preliminary budget request which will be submitted to the Board of Regents at their August meeting and the final budget submitted to the Board of Regents at their September meeting.

PASSED

"The Board of Regents approves the University of Alaska's FY94 Planning Assumptions as described in Reference 4. This motion is effective February 21, 1992."

(4) Policy on Regents' Travel

Changes in federal IRS regulations relating to travel reimbursements require a change in the method by which the university reimburses regents for travel expenses. The draft revisions to Regents' Policy 01.01.02b attached as Reference 5 allow regents to claim travel reimbursement in one of two methods: that established for university employees, and the old method for reimbursing regents. Brian Rogers, vice president for finance, discussed the policy implications for members of the Board.

PASSED

"The Board of Regents approves the revisions to Regents' Policy 01.01.02b regarding regents' travel as contained in Reference 5. This motion is effective February 21, 1992."

(5) Removed from Consent Agenda - see Item 13b(1)

Regent Kelly moved, seconded by Regent Forrer, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves the recommendations of the Committee of the Whole as stated above, with the exception of Item 5. This motion is effective February 21, 1992."

b. Committee of the Whole Report - Information and Other Items

(1) FY92 Tuition and Student Fee Report

Board of Regents Policy 05.10.01 provides that the Board of Regents will act on final tuition recommendations in the first regular meeting after January 15 of each calendar year. Absent any further action by the Board of Regents, tuition is scheduled to increase from $50 per credit hour in the current academic year to $55 per credit hour beginning in fall 1992, and the consolidated fee is scheduled to drop from the current 13 credits to 12 credits in fall 1992. Part-time students would thus see a 10 percent increase in tuition, while full-time students (taking 13 or more credits) would see a 2 percent increase in the consolidated fee.

The administration, in response to the Boards' request, presented current University of Alaska tuition and fee structures, as well as comparable national and western state information. Based on the increasing costs of providing educational services, the negligible likelihood that those costs will be covered by new general fund appropriations from the state, the growing reliance of other states on tuition income in times of budget shortfalls, and the drop in the University of Alaska's relative position in tuition levels compared to those other states, the administration recommended an additional tuition increase and an increase, rather than decrease, in the consolidated fee level.

After discussion by the Board, administration, and various student government leaders, it was determined that motion would be tabled until the April 1992 Board of Regents' meeting. This would allow for more extensive review by students and university administration.

Regent Henri moved, seconded by Regent L. Williams, to table the following two motions. Regents Breeze, Henri, Lamkin, Thompson, and L. Williams voted in favor with Regents Forrer, Gagnon, Kelly, and R. Williams voting in opposition. The motion to table carried.

TABLED

"The Board of Regents revises Regents' Policy 05.10.01(K)(2) as follows:

2. Effective the fall 1992 semester

Students enrolled in more than 14 [12] undergraduate or more than 9 graduate credit hours shall pay consolidated tuition equal to the tuition for 14 [12] undergraduate or 9 graduate credit hours, respectively.

This motion is effective February 21, 1992."

TABLED

"The Board of Regents adopts the following tuition rates for the fall 1992 semester:

Tuition rates effective for instruction which begins the fall semester of 1992 are as follows:

Per Credit Hr Per Credit Hr

Resident Nonresident

Graduate Courses $116 $232

Undergrad Courses 58 174

Students taking more than 14 undergraduate credit hours or more than 9 graduate credit hours per semester will pay consolidated tuition as follows:

Resident Nonresident

Graduate Courses $1,044 $2,088

Undergrad Courses 812 2,436

This motion is effective February 21, 1992."

(2) Visitor Industry Program Presentation

At the April 22, 1988 Board of Regents' meeting, the Board approved certificates and Associate of Applied Science degrees in Hospitality and Travel Industry Management in a Visitor Industry Program for the University of Alaska Southeast. Judith Doyon, coordinator for the Visitor Industry Program, and Frances Feinerman, director of the Ketchikan campus, presented an overview of the program and responded to regents' questions.

(3) Child Care Needs Assessment

At the request of the Board of Regents and the University General Assembly, campuses were asked to conduct a student and employee child care needs assessment. Patty Kastelic, acting executive director for Statewide Human Resources, presented a brief summary of the varied child care services currently provided, highlights of the survey results, and an overview of the recommendations contained in the reports.

(4) Report on Federal Land Grant

At the November 1991 meeting of the Finance, Facilities and Land Management Committee, the administration was directed to pursue opportunities to increase the investment land base of the University of Alaska. The administration researched information concerning federal land grants to public universities throughout the United States and compiled additional information concerning the loss of federal grant lands at statehood. Reference 6 shows the significant difference between the University of Alaska's land grant and the substantially larger land grants to other western institutions. Brian Rogers, vice president for finance, reviewed land-grant related issues and discussed progress on legislative resolution of the university's land-grant deficiencies.

c. Finance, Facilities, and Land Management Committee

(1) Policy on Games of Chance and Skill

For several years, the University of Alaska has operated games of chance and skill in accordance with state regulations. After concerns were raised last year by the state, the university established new accounting procedures and needs to establish regents' policy and university regulations covering games of chance and skill. A draft Regents' Policy 05.14.01 is attached as Reference 8.

PASSED

"The Board of Regents approves Regents' Policy 05.14.01 on games of chance and skill as presented in Reference 8. This motion is effective February 21, 1992."

(2) University of Alaska Facilities Planning and Construction Statewide Term Consultant Pool (March 1, 1992 - December 31, 1994) - Approval of Consultants Selection

PROJECT SCOPE

In December 1991, the university advertised its intention to select several consultants in the following fields:

Architecture

Mechanical Engineering

Electrical Engineering

Civil/Surveying Engineering

Structural Engineering

Cost Estimating

Material Testing

Asbestos Removal/Abatement Plan Development

Construction Inspection Services

The university requires a pool of consultants for small projects for the term of March 1, 1992 to December 31, 1994. The university will call upon these firms for various remodeling, renovation and repair projects for its facilities. Occasionally, these projects could include small capital projects to construct new facilities or grounds improvements. The concept of the term consultant pool started in 1985. This selection will be the sixth term for the process.

Selected consultants will enter into contracts with the university for a term of 33 months. This method of contracting will be used for projects where the estimated consultant fee is under $30,000, including reimbursable expenses. The chair of the Finance, Facilities, and Land Management Committee will receive a monthly report of tasks awarded to term consultants. Each region of Facilities Planning and Construction selects and maintains its own list of term consultants; however, a regional office may contract with a consultant under contract in a different region. This allows a region to utilize a consultant with specific expertise from a different region or to respond to project needs of an MAU outside its geographic region.

The recommended list of firms for each region is attached, with the exception of recommended cost estimating consultants for Northern Region, which was hand-carried to the meeting.

PASSED

"The Board of Regents approves the University of Alaska Facilities Planning and Construction Statewide Term Consultant Pool (March 1, 1992 - December 31, 1994) as presented and authorizes the university administration to award term consultant contracts. This motion is effective February 21, 1992."

(3) University of Alaska Fairbanks O'Neill Building Ventilation/Exhaust Retrofit - Approval of Architectural/Engineering Consultants

PROJECT SCOPE

The University of Alaska Fairbanks O'Neill Building Ventilation/ Exhaust Retrofit project will provide for a phased approach to rectifying ventilation/exhaust deficiencies at the facility.

Phase I:

Phase I will require the consultant team to review the 1985 study completed by Adams, Morgenthaler & Company, the as-built documents, and the current facility condition and operation. With this information, the consultant will provide an updated report based on current design concepts and equipment availability with recommendations addressing the following:

1. existing asbestos impact

2. fume hood/exhaust requirements

3. condition of and salvage value of existing HVAC air handling system

4. condition of and salvage value of ceiling systems

5. capability of existing structure to house new HVAC equipment

6. replacement of existing control system

7. cost estimates for items 1 through 6

8. ability to upgrade facility in phases to accommodate continuous occupant activity

Phase II:

Phase II will provide for the remaining design documentation required to implement the improvements accepted and approved by the university based on the recommendations received under Phase I.

Phase III:

Should construction funding become available, it is the intent to amend the consultant agreement to include requisite construction administration and warranty services.

SCHEDULE

The schedule, at this stage, is provided through Phase I only. A separate Notice-to-Proceed and updated schedule will be issued for the design work (Phase II) once Phase I recommendations are reviewed and options selected.

Phase I:

Board of Regents' consultant

approval February 21, 1992

Consultant agreement finalized April 8, 1992

Study complete June 18, 1992

FUNDING

Design services for the O'Neill Building Ventilation/ Exhaust Retrofit project are funded by an FY92 direct appropriation for deferred maintenance, as approved at the June 13-14, 1991 Board of Regents' meeting. Construction funds for the project are included in the University of Alaska's FY93 capital request to the Alaska State Legislature.

SELECTION COMMITTEE REPORT

Interviews for consultant selection on the O'Neill Building Ventilation/Exhaust Retrofit project were completed on January 7, 1992. Only five firms submitted proposals; therefore, the short-listing procedure was omitted and all firms were scheduled for interviews. The selection committee consisted of:

James A. Allan, Project Manager

Facilities Planning and Construction, Northern Region

Ed Bargar, Project Engineer

University of Alaska Fairbanks Physical Plant

Dave Nebert, Assistant Director

University of Alaska Fairbanks, Institute of Marine Science

Dave Dobberpuhl, Project Manager

Facilities Planning and Construction, Northern Region

The committee members interviewed and scored the firms using the standard FP&C consultant selection interview rating guide. Ranking was established by adding together individual committee member scores and comparing totals. The top-ranked firm has the highest points.

PROPOSALS SUBMITTED

Adams, Morgenthaler Anchorage, Alaska

Design Alaska Fairbanks, Alaska

FPE/Roen Design Fairbanks, Alaska

Raj Bhargava Associates Anchorage, Alaska

U.S.K.H. Fairbanks, Alaska

The selection committee concurs that the following three firms be approved for negotiation in the order listed below. Should negotiations fail with the top-ranked firm, the second firm will be contacted, and, in turn, the third, should contract agreement not be achieved.

1. FPE/Roen Design Fairbanks, Alaska

2. U.S.K.H. Fairbanks, Alaska

3. Design Alaska Fairbanks, Alaska

In-house references were used for the firms listed, and the references were satisfactory. Past experience has shown that all recommended firms have performed in a positive manner on previous contracts with the University of Alaska.

PASSED

"The Board of Regents approves the list of consultants for the University of Alaska Fairbanks O'Neill Building Ventilation/ Exhaust Retrofit project as presented and authorizes the university administration to negotiate and award a consultant contract. This motion is effective February 21, 1992."

(4) Removed from Consent Agenda - see Item 13d(1).

(5) University of Alaska Fairbanks Hess Commons Roof Rehabilitation - Approval of Schematic Design and Authority to Bid and Award a Contract

BACKGROUND AND PROJECT SCOPE

The University of Alaska Fairbanks Hess Commons Roof Rehabilitation project consists of removal of the existing roof system down to the structure and installation of a new built-up roof system (B.U.R.) of approximately 18,000 square feet.

Hess Commons is approximately 24,500 square feet and was constructed in 1970 at a cost of $1.5 million. No major roof repairs have taken place to date; however, several leaks have been sealed.

This project will replace the entire roof surface of the Hess Commons. The new roof will have a life of approximately 20 years.

CONSULTANT

Contract documents for competitive bidding were prepared by C. B. Bettisworth and Company of Fairbanks, Alaska, and reviewed by the following University of Alaska Fairbanks departments: Physical Plant, Housing, and Facilities Planning and Construction, Northern Region.

FUNDING SOURCE

Funding for this project is from deferred maintenance funds from FY91 and FY92, as well as residual code correction funds for the Upper Dorms from FY90. The total project budget from these accounts is $330,000.

PROJECT SCHEDULE

This project will be bid and awarded during the winter of 1991-1992, with a construction start date of May 11, 1992 and completion date of June 26, 1992.

PASSED

"The Board of Regents approves the University of Alaska Fairbanks Hess Commons Roof Rehabilitation project as presented and authorizes the university administration to bid and award a construction contract within available funding. This motion is effective February 21, 1992."

(6) University of Alaska Fairbanks Elvey Elevator Asbestos Removal - Approval of Schematic Design and Authority to Bid and Award a Contract

PROJECT SCOPE

The University of Alaska Fairbanks Elvey Elevator Asbestos Removal project will provide for removal of all asbestos-related materials from the elevator shaft centrally located within the Elvey Building. Upon completion of the abatement process, non-asbestos containing materials will be used to provide requisite fireproofing on major support members.

This project incorporates an expedited design schedule due to a determination by University of Alaska Fairbanks Risk Management that a high risk potential health hazard exists.

Maintaining elevator operation during the abatement work is of significant importance to this project. One elevator will remain operational throughout the construction process.

CONSULTANT

The engineering consultant for this project is U.S.K.H., Inc. of Fairbanks, Alaska. U.S.K.H. was selected from the term contract pool in accordance with standard Facilities Planning and Construction procedures. U.S.K.H.'s project manager is mechanical engineer Ron Went.

FUNDING SOURCE

Both design and construction services for the Elvey Elevator Asbestos Removal project are funded by an FY91 direct appropriation for Elvey code corrections.

PROJECT SCHEDULE

The Elvey Elevator Asbestos Removal project is proceeding on the following schedule:

Signed consultant agreement January 9, 1992

Schematic Design complete February 5, 1992

Board of Regents' approval February 21, 1992

Construction documents

complete February 25, 1992

Bid opening March 6, 1992

Construction complete April 10, 1992

PASSED

"The Board of Regents approves the schematic design of the University of Alaska Fairbanks Elvey Elevator Asbestos Removal project as presented and authorizes the university administration to bid and award a construction contract within available funding. This motion is effective February 21, 1992."

(7) University of Alaska Fairbanks Power Plant Chiller Condenser - Schematic Design Approval and Authority to Bid and Award a Contract

PROJECT SCOPE

Benzene contamination was found in the University of Alaska Fairbanks Power Plant chiller cooling water discharge. Several Board members were briefed on this in December 1991. The cooling water comes from the Geist Road well, and is passed through the Power Plant chilling cooling system. Prior to October 15, 1991, the water was discharged into Dead Man Slough. Samples taken from the water passing through the Power Plant cooling system indicate a mean benzene concentration that exceeds the Federal Maximum Contaminant Level by a factor of 22 times. The water from the Geist Road well is believed to be contaminated by an outside party; the university has no process or source of benzene contamination within the Power Plant or the cooling process that could add to the existing benzene contamination levels at the source wells.

As required by 89 AAC 75.080, the Alaska department of Environmental Conservation (DEC) was informed. As of October 15, 1991, we have eliminated the cooling water discharge from the Power Plant chiller system; this was possible because the chiller is only needed during the summer months. The chiller needs to be brought back on-line in mid-May to provide air conditioning for major buildings, including computer installations, on campus. The water discharge permit issued by DEC precludes resumed operation of the existing system, due to limitation on benzene discharge levels. The university has investigated other alternatives and determined that the addition of a water cooling tower is the most cost effective resolution. If no action is taken, the university will be forced to close the Library and Fine Arts Complex, Signers Hall, as well as the Gruening Building.

CONSULTANT

Contract documents for competitive bidding are being prepared by USKH, Inc., of Fairbanks and Anchorage, Alaska.

FUNDING

The total project budget is $750,000. A supplemental appropriation request for full project funding has been forwarded to the State of Alaska Legislature.

SCHEDULE

The substantial completion date for the project is May 15, 1992, to avoid shutting down buildings due to heat load.

PASSED

"The Board of Regents approves the schematic design for the University of Alaska Fairbanks Power Plant Cooler Condenser project and authorizes award of a construction contract within available funding. This motion is effective February 21, 1992."

(8) University of Alaska Fairbanks Farmers Loop Road Realignment

In June of 1989, the University of Alaska reached an agreement with the Department of Transportation and Public Facilities (DOT/PF) allowing a change in the Farmers Loop road alignment. This resulted in the taking of approximately 18 acres from the University of Alaska Fairbanks Campus, the closure of UAF's northern entrance road, construction of a new 1/4 mile entrance road at DOT/PF's expense, access improvements at the university's entrance to the Taku parking lot, mitigation measures to offset impact to Ballaine Lake, and $465,000 in compensation.

This agreement called for the relinquishment, back to the university, of existing rights-of-way which were not needed for the realigned roadway. Since that time, DOT/PF has reviewed their needs and would like to retain several acres of the old right-of-way for a snow dump area. Concurrently, they have received permission from the Federal Government to extend the deep excavation from the Taku entrance southward to the intersection of College Road. DOT/PF needs additional right-of-way to complete this work. We will receive enhanced access to university property adjacent to the snow dump area, additional improvements to the Taku entrance and the College Road entrances of the UAF campus, DOT/PF's installation of a culvert suitable for installing UAF's computer lines under the roadway, and an anticipated cash settlement of approximately $100,000 or $26,000 per acre. The majority of this property is low lying wetland bog.

Board policy directs that the net proceeds from UAF campus land sales be deposited in the land grant trust fund. Alaska Statutes do not require such a deposit. The university administration is requesting a waiver of board policy in this case to allow use of the proceeds for roadway and other infrastructure improvements on the UAF campus consistent with June 1989 approval.

Proposed uses of the additional funding:

1. Accelerate USGS relocation schedule, including access development and equipment purchases. USGS will fund a portion of this project as well. It is critical that the equipment be purchased so that the relocation stays on schedule to coincide with the completion of the Natural Science facility.

2. Upgrade the intersection of Yukon Drive and Talkeetna Street.

3. Perform soils investigation work for the extension of North Tanana Loop Drive.

PASSED

"The Board of Regents waives Regents' Policy 07.02.01I and authorizes the president and vice president for finance to execute documents conveying Farmers Loop Road right-of-way to the Alaska Department of Transportation and Public Facilities, and to dedicate the proceeds to any of the above-listed projects on the University of Alaska Fairbanks campus. This motion is effective February 21, 1992."

Regent Henri moved, seconded by Regent Kelly, and passed unanimously that:

PASSED AS AMENDED

"The Board of Regents approves the recommendations of the Finance, Facilities, and Land Management Committee as stated above, with the exception of Item 4, and the addition of Items 7 and 8. This motion is effective February 21, 1992."

d. Finance, Facilities, and Land Management Committee - Information and Other Items

(1) University of Alaska Fairbanks Elvey Building Photo Lab Ventilation/Exhaust Retrofit - Approval of Architectural/Engineering Consultants

PROJECT SCOPE

The University of Alaska Fairbanks Elvey Photo Lab Ventilation/ Exhaust Retrofit Project will provide for asbestos abatement in the photo lab area; demolition of existing non-reusable exhaust and ventilation systems; demolition of existing ceiling system and installation of new system; and design for new fans, duct work, hoods, insulation, electrical and other requirements for a finished product. In addition, a new thermal barrier will be provided for the soffit overhang inside the exterior wall of the second floor. New DDC controls and specialized hoods will also be considered as part of the work scope as well as a new hydronic heat loop to be added in the Geodata Center.

SCHEDULE

The schedule proposed for this project is as follows:

Board of Regents' consultant

approval February 21, 1992

Consultant agreement finalized April 3, 1992

Schematic design complete May 1, 1992

Board of Regents' 35% design/bid

approval June 12, 1992

Construction documents complete July 24, 1992

Bid opening August 20, 1992

Construction complete January 4, 1993

FUNDING

The Elvey Photo Lab Ventilation/Exhaust Retrofit project is funded by the FY92 direct appropriation for deferred maintenance, as approved at the June 13-14, 1991 Board of Regents' meeting.

SELECTION COMMITTEE REPORT

Interviews for consultant selection on the Elvey Photo Lab Ventilation/Exhaust Retrofit project were completed on January 7, 1992. Only five firms submitted proposals; therefore, the short-listing procedure was omitted and all firms were scheduled for interviews. The selection committee consisted of:

James A. Allan, Project Manager

Facilities Planning and Construction, Northern Region

Ed Bargar, Project Engineer

University of Alaska Fairbanks Physical Plant

Bob Grove, Operations Manager

University of Alaska Fairbanks

Geophysical Institute Technical Services

Dave Dobberpuhl, Project Manager

Facilities Planning and Construction, Northern Region

PROPOSALS SUBMITTED

Design Alaska Fairbanks, Alaska

FPE/Roen Design Fairbanks, Alaska

O'Kelly/Schoenlank San Francisco, California

Raj Bhargava Associates Anchorage, Alaska

U.S.K.H., Inc. Fairbanks, Alaska

1. Design Alaska Fairbanks, Alaska

2. U.S.K.H., Inc. Fairbanks, Alaska

3. FPE/Roen Design Fairbanks, Alaska

Due to concerns stated by Board members on the high cost of this project, the administration was requested to scrutinize this project and report back to the Board at its April 1992 meeting with possible alternatives that may be more cost effective.

No action was taken on this item.

(2) Report on University Debt

At the November 1991 meeting of the Board of Regents, staff was asked to present additional information on outstanding University of Alaska indebtedness, including outstanding state general obligation bond debt for university facilities. A schedule of outstanding indebtedness was presented at the Finance, Facilities, and Land Management Committee meeting.

Brian Rogers, vice president for finance, and Jim Lynch, controller and associate vice president for finance, reviewed outstanding university indebtedness, discussed options for refinancing and/or defeasing existing indebtedness, and reviewed possible new debt issuance planned for calendar year 1992. For Board members' information, a copy of Regents' Policy 05.01.09 - Debt and Credit, was attached as Reference 7.

The administration is considering requesting authorization of interim financing for several projects including the Fairbanks campus recreation center. The President's recommendation was also presented at the meeting.

The University of Alaska intends to debt finance all capitalizable costs, including interest during the period of construction where applicable, in connection with the following projects:

Cooks Corner Building acquisition $2,800,000

Plywood Supply Building acquisition $3,800,000

Power Plant chiller project $800,000

Power Plant condenser project $750,000

UAF Student Center construction $6,000,000

The Board was informed that commitments were being made on the projects specified above and that specific financing authorization would be submitted for approval of the Board at such time as bond counsel was retained and the financing plans were finalized.

14. Report from Board of Regents' Representatives on the Alaska Commission on Postsecondary Education (ACPE)

Regent Gagnon reported on personnel changes at ACPE; commented on the $45 million bond issue; reported that checks and billings problems seem to have been resolved; and on legislation concerning ACPE, specifically House Bill 442 regarding WAMI and WICHE. Regent Helmericks reported on work being done on physical residency requirements.

15. Chancellors' Status Reports

Due to time constraints, the chancellors were requested to submit written status reports to regents. No oral reports were given.

16. Administrative Status Reports

Wendy Redman, vice president for university relations, reported on legislative issues regarding revenues available to the legislature; positions being taken by the state administration and by different legislative groups; the status of the capital budget and its impact on the operating budget; and status of key pieces of legislation that impact the university.

17. Regents' and Presidents' Comments

Regent Lew Williams requested that a letter be written to the family of Les Nerland, expressing condolences on his passing; and thanked the Board for visiting Ketchikan.

Regent Morris Thompson thanked the Ketchikan community for their hospitality and enthusiasm; and expressed his concern that a member of the community would feel the need to thank the regents for allowing a relative to graduate in traditional Native costume.

Regent Tim Lamkin expressed his concern over raising tuition; and reported on an upcoming student government conference to be held in Juneau.

Regent Joseph Henri urged the students to remember that Governor Hickel does consider education as a high priority for the state; questioned the university's grievance procedure in cases of "employment at will;" requested that the Board's discussions on childcare not end with the reports made during the Committee of the Whole; and again urged the Board to activate a sub-committee on revenue issues.

Regent Michael Kelly complimented Ketchikan campus and community on their hospitality; requested that President Komisar give an update during the next Board meeting regarding the Management Study consultants' report; urged the Board and administration to be conscious of the morale problem as it relates to continual studies and reviews; and requested that public testimony be limited to three minutes.

Regent Virginia Breeze thanked the people Ketchikan for their wonderful enthusiasm and cooperation; and requested that chancellors' reports not be deferred at future meetings. Regent Breeze requested that the chancellors make written reports on activities at the campuses.

18. Other Items of Concern to the Board of Regents

None

19. Adjourn

Board President Williams adjourned the meeting at 2:50 p.m.