MINUTES OF THE MEETING OF
THE REGENTS OF THE UNIVERSITY OF NEW MEXICO
June 9, 2004
The Regents of the University of New Mexico met on Wednesday, June 9, 2004, in the Student Union Building Ballroom. A copy of the public notice is on file in the Office of the President.
Regents present:
James H. Koch, President
Jack L. Fortner, Vice President
María Griego-Raby, Secretary/Treasurer
Douglas Brown
John M. “Mel” Eaves
Regents absent with previous notice:
Sandra Begay-Campbell
Andrea L. Cook
President and Vice Presidents present:
Louis Caldera, President
Brian Foster, Provost/Executive Vice President for Academic Affairs
David Harris, Executive Vice President for Administration
Phil Eaton, Vice President, Health Sciences Center
Eliseo Torres, Vice President for Student Affairs
Wynn Goering, Interim Vice President for Advancement
Regents' Advisors present:
Beverly Burris, President, Faculty Senate
Steve Borbas, President, Staff Council
Buckner Creel, President, GPSA
Kevin Stevenson, President, ASUNM
Steve Bacchus, Past-President, Alumni Association
Coleman Travelstead, President, Alumni Association
Robert Goodman, Chair, UNM Foundation
Others in attendance:
Members of the administration, faculty, staff, students, the media, and others
Regent James Koch presided and called the meeting to order at 1:00 p.m.
ADOPTION OF AGENDA
Regent Brown moved to adopt the agenda. Regent Eaves seconded the motion. The motion carried unanimously.
APPROVAL OF SUMMARIZED MINUTES OF THE MAY 14, 2004 MEETING OF THE BOARD OF REGENTS
Regent Fortner moved for approval of the summarized minutes of the May 14, 2004 meeting of the Board of Regents. Regent Brown seconded. The motion carried by a vote of 5-0.
PUBLIC INPUT
Ms. Charlene Pohl spoke briefly during the Finance and Facilities Committee report. She presented the Board of Regents with copies of approximately 600 letters that were sent to Mr. Alan Armijo, Chair of the Bernalillo County Commission, concerning the uses of mill levy taxes.
ADMINISTRATIVE REPORT
President Louis Caldera remarked on the article published in the Tuesday, June 8, 2004, Albuquerque Journal which commented favorably on UNM's Graduation Project. Summer Session began Monday, June 7, 2004 with approximately 8,000 students enrolled. The University's Alumni Association Board met last weekend for their summer meeting. Executive Vice President David Harris and Interim Vice President for Advancement, Dr. Wynn Goering attended the meeting as representatives of the university's administration. A number of meetings will be held in Albuquerque in the upcoming weeks including: the Commission on Higher Education, June 24 and 25; the Legislative Finance Committee on campus in mid-July; and the Governor's Task Force on Higher Education meeting June 21. The President and Executive Vice President Harris will travel to Washington DC later in June to advocate for a quick decision on the FHA application for the Children's Hospital and Critical Care Pavilion.
The President read the following announcement:
Governor Bill Richardson, by Executive Order, has declared Friday, June 11, 2004, to be a “Day of Remembrance of President Ronald Wilson Reagan” in the State of New Mexico. To provide as many university employees as possible the opportunity to observe this day of remembrance, the University of New Mexico will implement the following policies.
• UNM staff may request leave “to observe this day in an appropriate manner of their choosing,” as per Governor Richardson's order. Managers are encouraged to grant such leave when it does not interfere with essential services. Leave time taken on Friday, June 11, will not be counted against an employee's accumulated total.
• All scheduled classes will be held. UNM's teaching mission and responsibility to its students come first. Instructors are encouraged to make accommodations for any students who wish “to observe this day in an appropriate manner of their choosing,” as per Governor Richardson's order.
• Other critical areas will need to remain open. Essential services, such as physical plant, law enforcement, research and medical services, will continue as normally scheduled.
COMMENTS FROM REGENTS' ADVISORS
Beverly Burris, PhD, President, Faculty Senate
Dr. Beverly Burris, President, Faculty Senate, expressed her appreciation to the Regents for their work on behalf of the University. Dr. Burris then introduced Dr. Edward DeSantis as the next President of the Faculty Senate. Dr. DeSantis then took his place at the Regents' Advisors table.
Steve Borbas, President, Staff Council
Steve Borbas, President, Staff Council, introduced himself to the Regents along with the 2004-2005 Executive Committee for Staff Council: Sabra Basler, President-Elect, Carole Vollbrecht, Speaker and Mimi Swanson, Secretary-Treasurer. The Staff Council plans to work with the Regents to address several issues that are relevant to the staff and Staff Council of the University. The 2004 Staff Picnic will be held July 24 at the Albuquerque Zoo.
Buckner Creel, President, GPSA
Buckner Creel, President, GPSA, introduced himself to the Regents and then discussed the GPSA's plans to work with the Regents concerning several issues including establishing a Dispute Resolution process for GA/TA/RA's; working closely with the Student Health Center to improve services for students; and addressing computing needs on campus.
Kevin Stevenson, President, ASUNM
Kevin Stevenson, President, ASUNM, announced that the ASUNM was currently in the process of hiring new employees and setting up the office for business.
Stephen Bacchus, President, UNM Alumni Association
Steve Bacchus, President, Alumni Association, expressed how much he had enjoyed serving as President of the Association for the past year. He also stated his appreciation to President Caldera and to the Regents for the time and contribution they make to the University. Mr. Bacchus then introduced Coleman Travelstead as the next President of the Alumni Association.
Coleman Travelstead, President, Alumni Association announced that the summer Board of Directors meeting was on Friday, June 4. Five new Board Members were announced: Gene Baca, Gig Brummell, Michael Gallegos, Ruth Schifani and Judy Zanotti. Also on June 4 th the Association sponsored a “Thank you to our Stars” reception for volunteers with over 170 attendees. The dates for “Lobo Luau” Homecoming 2004 have been set for October 18 through 23
Robert Goodman, Chair, UNM Foundation
Robert Goodman, Chair, UNM Foundation, announced that Mr. Bob Bovinette is now the Chairman of the Investment Committee.
COMMENTS FROM REGENTS
Regent Brown thanked the Regents' Advisors for their work over the past year and sent best wishes to those who were leaving. Regent Griego-Raby expressed her appreciation to President Caldera and the University Staff who planned and implemented Spring Commencement. Regent Eaves thanked Mr. Bacchus for his enthusiasm and dedication to the Alumni Association. Regent Eaves and Koch both expressed their desire to work closely with the Mr. Creel and Mr. Stevenson on issues concerning students.
Commission on Higher Education Report
Professor Burris, Commission on Higher Education (CHE) District 2 Representative, reported that the next CHE meeting will be June 24 and 25 at the UNM Health Sciences Center.
ACADEMIC/STUDENT AFFAIRS REGENTS' COMMITTEE
The Academic/Student Affairs committee did not meet in June.
FINANCE AND FACILITIES REGENTS' COMMITTEE
Regent Mel Eaves, Chair, Finance & Facilities Committee, presented information and background on the committee's recommended action items as follows.
Surplus Property Disposition List Dates 5/25/04
Regent Eaves moved that the Board approve the Surplus Property Disposition list dated May 25, 2004. The items on the disposition list were certified by Bruce Cherrin, Director of Purchasing and University Services, as “worn-out, unusable or obsolete.” Regent Brown seconded. The motion carried by a vote of 5–0.
Operating Budget for The University of New Mexico FY 2004-05
Regent Eaves asked Mr. Curt Porter, Budget Director, to make a brief report to the Regents outlining the Budget Plans for 2004-2005. Following this report Regent Eaves moved to approve the Operating and Capital Budget Plans as outlined in the table that is attached to these minutes as Appendix A. Regent Brown seconded. The motion carried by a vote of 5–0.
Resolutions Authorizing UNM Hospital Children's Hospital and Critical Care Pavilion Construction Project, Bond Parameters, Lease Amendments, Easement Amendments, and the Granting and Receiving of Utility Easements
Regent Eaves requested Vice President Philip Eaton and Associate Vice President for Clinical Operations Steve McKernan to provide a short summary of the Parameter Resolution. Following this presentation Regent Eaves moved to approve the Resolutions authorizing UNM Hospital Children's Hospital and Critical Care Pavilion Construction Project, Bond Parameters, Lease Amendments, Easement Amendments, and the Granting and Receiving of Utility Easements. Regent Griego-Raby seconded. The motion carried by a vote of 5–0. The Resolution of the Board of Regents of the University of New Mexico Authorizing University of New Mexico Hospital Children's Hospital and Critical Care Pavilion Construction Project is attached as Appendix B. The resolution at Appendix B has two exhibits: Exhibit A: First Amendment to Lease Agreement for Operation and Lease of County Healthcare Facilities, and Exhibit B: First Amendment to Agreement for Construction of Cancer Research Center. The Resolution Authorizing the Granting and Receiving of Utility Easements and Utility Lines with respect to University of New Mexico Hospital Children's Hospital and Critical Care Pavilion Construction Project is attached as Appendix C. The resolution at Appendix C has one exhibit: Exhibit I: Grant of Easements for Utility Lines.
Employee Code of Conduct and Conflict of Interest Policy, Regents' Policy Manual Section 6.4; Renumbering Current Policy 6.4 as 1.8; Approval of Compliance Certification Form
Regent Eaves moved to approve the proposed changes to the Employee Code of Conduct and Conflict of Interest Policy including renumbering the Policy to more closely align it to other policies pertaining to the Regents. Regent Griego-Raby seconded. The proposed policy is consistent with current state law and repeats the major substantive requirements of the law. It requires full disclosure of any proposed business transactions in which a UNM employee has a direct or indirect financial interest. Any such contracts must comply with the New Mexico Governmental Conduct Act and the Procurement Code. The draft policy also provides that the President and Vice Presidents shall submit an annual financial disclosure similar to that required of the Regents by state law and the Regents' Code of Conduct and Conflict of Interest Policy. The motion carried by a vote of 5–0. The revised policy is attached as Appendix D.
Annual Renewal of Maui High-Performance Computing Center Lease
Regent Eaves moved to renew the Maui HPCC Lease by adoption of the following resolution: The Regents (“Regents”) of the University of New Mexico (“UNM”), as Lessee, hereby authorize annual renewal of the Lease Agreement dated October 1, 2000 for the UNM Maui High Performance Computing Center (the “Center”) with the Bank of Hawaii, acting through its Pacific Century Trust Division, as Lessor and Trustee, for Fiscal Year 2004-2005 beginning July 1, 2004 and ending June 30, 2004 (the “Lease”), based upon it finding that amounts have been or will be budgeted and authorized for payment of all Base Rentals and such Additional Rentals as are estimated to become due under the terms of the Lease. The Regents further find as follows: (1) UH has entered into a mutually acceptable arrangement with UNM to provide UH with access to the Center for UH's performance of its contract with the Air Force, pursuant to which the amounts necessary to pay Base Rentals and Additional Rentals will become available, budgeted and authorized for such payments; (2) pursuant to its contract with the U.S. Air Force, UH remains obligated to operate and manage the Center through September 30, 2011, with all extensions; (3) pursuant to the Sublease between UNM and UH, UH has the right to occupy the facility through September 30, 2011, subject to annual renewal of the Sublease, which UH has presently renewed through September 30, 2004; and (4) in the event that amounts necessary to pay Base Rentals and Additional Rentals are not otherwise available, then pursuant to Sections 5.2 and 5.4 of the Lease, the Regents will notify Lessor that available funds are insufficient to satisfy UNM's obligations when next due and that amounts necessary to pay Base Rentals and Additional Rentals shall be made from the Supplemental Rentals Reserve Fund. Regent Fortner seconded. The motion carried by a vote of 5–0.
Purchase of 1817 Sigma Chi NE
1817 Sigma Chi NE is located in the northwest quadrant of main campus located south of Lomas Boulevard and east of University Boulevard. The property consists of 1620 square feet of living area on the main level, and 1468 square feet in the partially exposed lower level or basement. The site area is approximately 7,425 square feet. The most current appraisal for the land is $198,500. Regent Eaves moved to approve the purchase of this property for New Day, Inc. Regent Fortner seconded. Motion carried by a vote of 5–0.
Sale of Timberon Lots (2)
This item was removed from the agenda.
Contract for Approval: Automatic Transfer Switch/Transient Voltage Surge
Regent Eaves moved to approve the purchase of a Cummins 500KW Onan diesel generator to provide long-term emergency power for CIRT if the UPS (uninterruptible power supply) were to shut down. Regent Brown seconded. Motion carried by a vote of 5-0.
Contract for Approval: UNM Center for High Performance Computing – IBM Computer Linux Cluster
Regent Eaves moved to approve the purchase of a computer system for an IBM Computational Platform for Interdisciplinary Research to fulfill the requirements under a Sponsored Contract with the Department of the Army. The purchase is pursuant to IBM GSA contract through Commercial Data Systems (CDS) at a cost of $546,260 which includes a three-year warranty and eight hours of configuration. Regent Fortner seconded. Motion carried by a vote of 5-0.
Information Items
Information was provided on the Major Capital Improvement Status Report. No action required.
HEALTH SCIENCES COMMITTEE
Regent Jack Fortner, Chair, Health Sciences committee, presented information and background on the committee's recommended action item as follows:
Approval of Appointments to UNM Health Sciences Center Medical Staff
Regent Fortner noted that this action item was approved by the Clinical Operations Board and then approved by the Health Sciences Committee. Regent Fortner moved to approve the appointments to the UNM Health Sciences Center Medical Staff. Regent Eaves seconded. Motion carried by 5-0.
EXECUTIVE SESSION
Regent Fortner moved to go into Executive Session. Regent Eaves seconded. The motion carried by a vote of 5-0. The executive session was limited to matters specified in the motion and previous meeting notice (discussion of competitive sealed proposals solicited under the Procurement Code, threatened or pending litigation and limited personnel matters).
ADJOURNMENT
Regent Fortner moved to adjourn. Regent Griego-Raby seconded. Voice vote was taken and Board members unanimously approved.
| ADJOURNMENT | APPROVED: |
| ATTEST: | _________________________________________ President |
| _____________________________________ Secretary/Treasurer |