April 15, 2002 Minutes

Board of Regents

OFFICIAL MINUTES

Special Full Board Meeting

University of Alaska Board of Regents

April 15, 2002

Fairbanks, Alaska

OFFICIAL MINUTES

Regents Present:
Chancy Croft, Chair
Elsa Froehlich Demeksa, Vice Chair
Frances H. Rose, Secretary
Brian D. Rogers, Treasurer
Mark Begich [present via audio for Executive Session only]
Michael J. Burns
Joe Hardenbrook
Marlene Johnson
Kevin O. Meyers [present via audio for Executive Session only]
Joseph E. Usibelli, Jr.

Mark R. Hamilton, Chief Executive Officer and President, University of Alaska

Regents Absent:
Joe J. Thomas

Others Present:
E. Lee Gorsuch, Chancellor, UAA
Marshall L. Lind, Chancellor, UAF
Joseph M. Beedle, Vice President for Finance
Craig Dorman, Vice President for Research
James A. Parrish, General Counsel
Steve Smith, Chief Technology Officer
Karen Perdue, Associate Vice President for Health Programs
Jim Lynch, Associate Vice President for Finance
John Dickinson, Assistant Vice President for Finance
Bob Miller, Director, Public Affairs
Ann Ringstad, Director, Government Relations
Pat Pitney, Director, Budget and Institutional Research
Paul Reichardt, Provost, UAF
Cindy Matson, Vice Chancellor for Administrative Services, UAA
J. Mark Neumayr, Interim Vice Chancellor for Administrative Services, UAF
Jeannie D. Phillips, Board of Regents' Officer
Barbara A. Bennett, Board of Regents' Staff

I. Call to Order


Chair Croft called the meeting to order at 3:25 p.m.

II. Adoption of Agenda

Regent Rogers moved the following motion, which was approved unanimously.

PASSED AS AMENDED

"The Board of Regents adopts the agenda as presented.

I. Call to Order
II. Adoption of Agenda
III. Acceptance of Bargaining Unit Contract between the University of Alaska and United Academic - Adjuncts
IV. Consent Agenda

A. Joint Finance & Audit Committee and Facilities & Land Management Committee
1. Approval of Sale of Damon Plaza Subdivision #2 Lots in Soldotna
2. Approval of Relinquishment of Interest in Ketchikan Property
3. Acceptance of Project Agreement and Approval of Project and Schematic Design for the UAF West Ridge Research Building
4. Acceptance of Project Agreement for UAA Ecosystem/ Biological Health Facility
5. Acceptance of Project Agreement for UAA University Center
6. Approval of Regents' Policy Realignment to Reflect Committee Structure

*V. Joint Finance & Audit Committee and Facilities & Land Management Committee Report (added)

VI. New Business

VII. Adjourn

This motion is effective April 15, 2002."

III. Acceptance of Bargaining Unit Contract between the University of Alaska and United Academic - Adjuncts

Board of Regents' Policy 04.11.02 - Exclusions and Agreements, states:

No collective bargaining agreement shall be binding upon the Board of Regents without prior approval of the entire agreement by the Board of Regents.

Alaska Statute 14.40.170(a)(2) provides:

The Board of Regents shall . . . fix the compensation of the president of the university, all heads of departments, professors, teachers, instructors, and other officers; . . .

Alaska Statute 14.40.170(b)(1) provides:

The Board of Regents may . . . adopt reasonable rules, orders, and plans with reasonable penalties for the good government of the university and for the regulation of the Board of Regents.

The Alaska Supreme Court has stated:

Through legislative enactments, the University enjoys a considerable degree of statutory independence. Not only does the board of regents have the constitutional authority to appoint the president of the University, formulate policy and act as the governing body of the institution, but the legislature has specifically empowered it to fix the president's compensation and the compensation of all teachers, professors, instructors and other officers . . .

Pursuant to this policy and legal authority, the university administration tentatively agreed upon a contract with the United Academic - Adjuncts union. Members of the union ratified this contract on March 11, 2002.

Pursuant to AS 23.40.215, the monetary terms of this collective bargaining agreement are subject to initial approval/disapproval and annual funding by the Alaska Legislature.

Regent Rogers moved the following motion, which was approved unanimously.

PASSED

"The Board of Regents accepts the bargaining unit contract between the University of Alaska and United Academic - Adjuncts for the term of April 15, 2002 to December 31, 2004. This motion is effective April 15, 2002."

IV. Consent Agenda

The following motion was approved with no objections.

PASSED AS AMENDED

"The Board of Regents approves the recommendations as amended below. This motion is effective April 15, 2002."

A. Joint Finance & Audit Committee and Facilities & Land Management Committee
1. Approval of Sale of Damon Plaza Subdivision #2 Lots in Soldotna - Reference 1

MOTION

"The Board of Regents:

(1) authorizes the sale of the remaining 37 single-family residential lots in Damon Plaza Subdivision #2 for their fair market value of $219,100; and

(2) directs the administration to work with the Damon Memorial Fund Council to establish an endowment management agreement to reflect current trust practices. The approval of the sale of these lots, in conjunction with the previous sale to the same buyer, will result in a sale of all 76 single-family residential lots in the subdivision with total sale proceeds of $464,200.

This motion is effective April 15, 2002."

2. Approval of Relinquishment of Interest in Ketchikan Property - Reference 2

MOTION

"The Board of Regents:

(1) authorizes the director of Land Management to sign any and all documents necessary to relinquish and reconvey to the United States of America the university's interest in the property and improvements located at 3615 Baranof Avenue in Ketchikan, Alaska; or, if the vice president for finance deems the cost to relinquish and reconvey the property to be too great, to buy out the educational restriction and retain the property; and

(2) approves the resolution set forth in Reference 2.

This motion is effective April 15, 2002."

3. Acceptance of Project Agreement and Approval of Project and Schematic Design for the UAF West Ridge Research Building - Reference 3

MOTION

"The Board of Regents:

(1) approves the Project and Schematic Design for the West Ridge Research Building as presented and authorize the university administration to bid and award contracts not to exceed a total project cost of $10,000,000, subject to availability of funding as determined by the vice president for finance;

(2) authorizes the vice president for finance to accept the Project Agreement for this project when deemed appropriate by the vice president for finance; and

(3) authorizes both the vice president for finance and the chair of the Facilities & Land Management Committee to jointly approve the modified schematic designs associated with the 2-stage construction award process and approves any program/cost changes resulting from that schematic design, up to the percentage limits established for the committee in accordance with Regents' Policy 05.12.04.C.

This motion is effective April 15, 2002."

4. Acceptance of Project Agreement for UAA Ecosystem/Biological Health Facility - Reference 4

MOTION

"The Board of Regents accepts the Project Agreement for the UAA Ecosystem/Biomedical Health Facility as presented, and authorizes the university administration to proceed subject to availability of funding as determined by the vice president for finance. This motion is effective, April 15, 2002."

5. Approval of Project Agreement for UAA University Center - Reference 5

The Board moved to postpone action on this item until a future meeting.

POSTPONED UNTIL FUTURE MEETING

"The Board of Regents accepts the Project Agreement and detailed cost breakdown for the University Center as presented, and authorizes the vice president for finance and the chair of the Facilities and Land Management Committee to approve any modifications thereto and authorize the university administration to proceed subject to availability of funding as determined by the vice president for finance. This motion is effective April 15, 2002."

6. Approval of Regents' Policy Realignment to Reflect Committee Structure - Reference 6

MOTION

"The Board of Regents approves changes to Regents' Policy 05.12 and 05.03 as modified by the committees. This motion is effective April 15, 2002."

*V. Joint Finance & Audit Committee and Facilities & Land Management Committee Report

(added)

In addition to action items, the joint committee also reviewed reports on the following:

-- Criteria for Prioritizing FY04 Capital Budget Requests
-- Update Regarding University Debt Alternatives
-- Update Regarding UAA Land Issues - Mental Health Trust Parcel E
-- Review of Regents' Policy on Naming of Facilities (Revenue & Marketing)
-- Status Report on State Funded Capital Appropriations
-- External Review of Facilities/Project Agreements

The following items were postponed until the June meeting of the Board of Regents:

-- Information on the Cost of University Buildings
-- UA Wide Planning Matrix - Regents' Retreat Focus Areas

The joint committees also held an executive session in accordance with AS 44.62.310 discussing the following matters the immediate knowledge of which would have an adverse effect on the finances of the university: land and contract negotiations including University Center, timber, and debt financing. The session included members of the Board of Regents, President Hamilton, General Counsel Parrish, and other university staff members designated by the president and lasted approximately 45 minutes.

VI. New Business

A. Regents' Scholarship Letter

Regent Croft reviewed a letter that will be sent to each former regent regarding contributing to the Regents' Scholarship.

B. Special Recognition by the Board of Regents

Regent Croft reviewed the draft process for special recognition by the Board of Regents. Regents were requested to review the information for further discussion at the June meeting.

C. Board of Regents' Award for Faculty Excellence

Regent Croft reviewed the draft process for a Board of Regents' Award for Faculty Excellence. Regents were requested to review the information for further discussion at the June meeting.

VII. Adjourn

Chair Croft adjourned the meeting at 3:45 p.m.