MINUTES OF THE MEETING OF THE REGENTS OF THE UNIVERSITY OF NEW MEXICO
May 8, 2007
Student Union Ballroom C @ 9:00 a.m.
ATTENDANCE :
Regents present:
James H. Koch, President
Jack Fortner, Vice President
Carolyn Abeita, Secretary-Treasurer
John “Mel” Eaves (via teleconference for the F&F agenda items)
Raymond Sanchez
Don Chalmers
Dahlia Dorman, Student Regent
Acting President present:
David Harris
Vice Presidents present:
Paul Roth, Executive Vice President, Health Sciences Center
Reed Dasenbrock, Provost and Executive Vice President of Academic Affairs
Michael Kingan, Vice President of Advancement
Terry Yates, Vice President for Research
Eliseo “Cheo” Torres, Vice President of Student Affairs
Carolyn Thompson, Interim Vice President of Human Resources
University Counsel present:
Patrick Apodaca, University Counsel
Regents’ Advisors present:
Virginia Shipman, Faculty Senate
David Groth, President, Staff Counsel
Joseph Garcia, President, GPSA
Brittany Jaeger, ASUNM
Ashley Fate, Incoming President ASUNM
Lillian Montoya-Rael, President, UNM Alumni Association
Gary Gordon for Thelma Domenici, President, UNM Foundation
Others in attendance:
Members of the administration, faculty, staff, students, the media and others.
Regent Koch presided over the meeting and called the meeting to order at 9:00 am.
CONFORMATION OF QUORUM and APOPTION OF AGENDA, Regent Koch
Motion approved unanimously to adopt today’s agenda (1 st Fortner, 2 nd Abeita ).
APPROVAL OF SUMMARIZED MINUTES OF APRIL 10, 2007 UNM BOARD OF REGENTS MEETING
Motion approved unanimously to approve the Summarized Minutes of the April 10 2007 UNM Board of Regents meeting (1 st Fortner , 2 nd Abeita ).
PRESENTATION – REGENTS MERITORIOUS SERVICE AND REGENTS RECOGNITION AWARDS, Regent Koch
FINANCE & FACILITIES REPORT-May 3, 2007 Meeting, Regent Eaves, Chair
1. Consent Agenda Items
Regent Eaves reported that the committee approved the following agenda items for the Consent Agenda. Regent Eaves asked if there were any questions, comments, or objections by the Regents. No questions, comments, or objections were voiced by the Regents.
a) Agreement for Auditing Services, Moss Adams LLP
Motion approved unanimously to approve the actions of the Finance & Facilities Committee as indicated in the Consent Agenda, items A, B, C, D, E and F (1 st Eaves 2 nd Sanchez ).
2. Non -Consent Agenda Items
Motion approved unanimously to approve the Budget Revisions for FY 2006-07 a copy of which is attached hereto.(#1) (1 st Eaves 2 nd Sanchez ).
Motion approved unanimously to approve the UNM FY 2007-08 Operating Budget a copy of which is attached hereto.(#2) (1 st Eaves 2 nd Chalmers ).
I. Preliminary Approval of Cancer Research Treatment Center II Project
The following Resolution was presented to the Board of Regents by the Chair of the Finance Facilities Committee Regent Eaves. Upon a motion made by Regent Eaves, and seconded by Regent Sanchez, the
Motion was approved unanimously.
Resolution CRTC II Project (#3)
Whereas , the Board of Regents of the University of New Mexico authorized the planning and design of a new facility for cancer care, herein referred to as “CRTC II;”
Whereas , plans for CRTC II include the construction of a core building and clinical facility (the “Core Building”) and future plans for the construction of an adjoining Cancer Education Center (the “Education Building”) and an adjoining Cancer Administration Complex;
Whereas, in furtherance of such plans the University’s Purchasing Department issued a qualifications-based request for proposals for construction of the CRTC II project (the “RFP”) and received responses thereto from qualified bidders, including Flintco Constructive Solutions (“Flintco”);
Whereas, following their evaluation of all responses to the RFP, the Purchasing Department and the Office of Capital Projects have determined and recommended to the Executive Vice President for Administration, and the Executive Vice President for Administration has recommended to the Board of Regents, that a selection of Flintco for the construction of the Core Building and the Education Building is in the best interest of the University, subject to completing satisfactory value engineering, final negotiations of a contract and a determination that costs and scope of construction by Flintco are satisfactory to the University;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Upon reaching a determination of the costs and scope of construction, David W. Harris, as the Executive Vice President for Administration or Chief Operating Officer and Chief Financial Officer (“Authorized Officer”), is hereby authorized to take such steps as the Authorized Officer deems necessary and appropriate to complete the negotiation of, to enter into, sign and deliver, and to consummate, a definitive agreement (the “Flintco Contract”) on behalf of the Regents of the University of New Mexico (the “University”) evidencing the above described transaction with Flintco for the construction of the Core Building and Education Building, such Flintco Contract to be on such other terms and conditions as the Authorized Officer determines to be in the best interest of the University.
2. The University, acting by and through the Authorized Officer, and such other officers as the Authorized Officer determines appropriate, are authorized and empowered, on behalf and in the name of the University, to sign and deliver any and all additional documents and instruments as the Authorized Officer determines necessary or appropriate to consummate the transactions evidenced by the Flintco Contract, such documents and instruments to be in form and substance acceptable to the Authorized Officer.
Discussion:
Regent Eaves stated that negotiations are still underway with the Cancer Research Treatment Center II Project. Currently there is a budget targeted for $57.5 million. This Resolution has been agreed upon by Dr. Paul Roth, Andrew Cullen and Patrick Apodaca. The Finance & Facilities Committee adopted this Resolution. The cost of the contents of the building is not being approved at this time; those will require additional funds.
Regent Chalmers addressed the need for Resolutions on all actions, where a motion might be sufficient. Regent Chalmers addressed the issue of why the builders want to put in a foundation when funding to finish the building has not been finalized.
Motion was presented by Regent Sanchez that the Executive Vice President for Administration and Chief Financial Officer, David W. Harris, and Executive Vice President, Health Sciences Center, Dr. Paul Roth, be given the authority to review and identify the availability of funds to complete the Cancer Research Center.
Motion approved by a vote of four (4) to three (3).
Regents Sanchez, Fortner, Eaves, and Abeita voted in favor of the motion.
Regents Koch, Chalmers, and Dorman voted not in favor of the motion.
J. Approval of Possible Sales of Vacant Land to Central NM Community College
Motion approved unanimously to approve the sale of vacant land (15 acres) to Central NM Community College pursuant to the Term Sheet (1 st Eaves 2 nd Sanchez).
K. Approval of Fiscal Watch Report
Motion approved unanimously to approve the Fiscal Watch Report (1 st Eaves
2 nd Fortner ). Regent Eaves has signed the document.
L. Approval of Policy Regarding Building Plaques
Motion approved unanimously to approve Board of Regents’ Policy 2.11.1 Subject: BUILDING PLAQUES (1 st Fortner 2 nd Sanchez)
Board of Regents’ Policy 2.11.1 Subject: BUILDING PLAQUES (#4)
Applicability
This policy applies to the placement of plaques on new buildings and major new additions to buildings constructed on the University’s campuses.
Policy
Upon completion of construction of a new building or a major new addition to a building on any of the University’s campuses, a plaque shall be mounted in the lobby of the building or other appropriate interior location as determined by the University President. The plaque will be of such material, proportion and detail as to harmonize with its surroundings in an appropriate manner, as approved by the University Architect. The plaque will include the following information:
Information Items :
M. Monthly Financial Report
Curt Porter explained the items G (Budget Revisions for FY 2006-07) & H (UNM FY 2007-08 Operating Budget) were approved by the Finance & Facilities Committee. We are adjusting the current year budget upward by 3.1%, that’s a little over $52 million dollars. That’s a relatively large variance. There are three or four items driving this variance.
Summary of the Regents Consolidated Financial Report for the 9 months ending 3/31/07 (#5)by AVP Ava Lovell.
This report covers University current funds operations, including Branches and Clinical, for the first three quarters of FY 07.
Our Instruction and General operations (primarily driven by Main Campus) show net actual revenue greater than expenses of $28.8 million as of 3/31/07. This is down from February at $43.8 million and January at $51.4 million. This trend is driven by the bolus of tuition recorded in January for spring semester, which is absorbed by expenditures for salaries, benefits, utilities, etc. as the semester continues. The same trend occurred in fall semester. Instruction and General operating budgets will be revised to end the year with an approximate $6 million use of balance, primarily Academic and Instructional Support on Main Campus.
The next information block shows our Unrestricted Research operations. The volume in these operations is essentially 50% Main campus and 50% HSC. The net unfavorable expenses greater than revenue of $1,972 million is driven exclusively by HSC operations. This planned use of balances is due to approved transfers to Plant Funds for the RIB II building (now the Multidisciplinary Research Facility {MRF}).
The third block of numbers on the first page is a summary of our Clinical operations. These operations are essentially all the patient care activities of the HSC, including our four hospitals, SOB physical professional services and Cancer Center. Net operations show significantly favorable at $22.2 million net revenue greater than expense. The operations of the UNM Hospitals account for $14.1 million of the favorable net income, driven by a $10 million non-recurring capital state appropriation for equipment and a trend toward a favorable patient mix as a result of improved access to all patients. The operations at the SOC account for $8.0 million of the favorable bottom line, also driven by significant non-recurring revenue of $4.1 million from the prior year’s Upper Payment Limit. The favorable payer mix is also helping the SOM bottom line.
The fourth business line displays Unrestricted Public Service. The operations in this category include special projects funded by State Appropriations, e.g. the Echo project, and non-endowed gifts flowing from the UNM Foundation to departments. Many small events funded by user fees are also included in this section, for example, the Pageant of the Bands and workshops or seminars held by academic departments. The total net favorable revenue over expense is driven by equal increases in other revenue and reduced expenditures in non-salary expense. We expect this function to break even by year end.
Independent Operations are essentially the operations of OMI and the House staff/Medical Residents who are being trained in the UNM and VA hospitals. Independent Operations are projected to breakeven by year-end.
The next operation is the Student Aid function. Essentially all the expenditures in this are recorded on the semester basis for scholarships and need-based aid to students. The current net use of balance is equal to budget of $1.8 million; however, we expect additional inflow of funds from the UNM Foundation to end the year at breakeven.
Student Activities are the operations of Student Government and Student organizations. These operations are favorable now and will end the year at breakeven or better. Auxiliaries and Athletics overall are expected to breakeven by year end.
Sponsored programs operations are our contract and grant research and public service projects funded by outside agencies and companies. These operations will always record zero net revenue over expense by the nature of their funding. The agency pays for a service or research project, and normally any unspent funds must be returned to the agency.
The total net favorable revenue over expenses for UNM current operations is $54.4 million for the 9 months ended 3/31/07, primarily driven by Instruction and General and Clinical operations.
ADMINISTRATIVE REPORT, David Harris, Acting President
Office of the President, Miguel Hidalgo, Assistant Director, Facilities, and Richard Pickering, Athletics Finance Officer.
ASUNM CONSTITUTIONAL AMENDMENT, Brittany Jaeger
Motion approved unanimously to approve the ASUNM Constitutional Amendment to Section 7. – Voting (1 st Chalmers 2 nd Abeita ).
COMMENTS FROM REGENTS ADVISORS
Virginia Shipman, Faculty Senate
David Groth, President, Staff Council
Motion approved unanimously to approve the Resolution 2007-#2, addressing proposed UBPPM 2230-related to campus police and security systems (1 st Abeita 2 nd Dorman).
Joseph Garcia, President, GPSA
Motion approved unanimously to approve the Resolution regarding the goals of the Service Action Network to promote and increase opportunities for faculty, staff and students to be engaged in service with the community (1 st Sanchez 2 nd Chalmers ).
Brittany Jaeger/Ashley Fate, President, ASUNM
Lillian Montoya-Rael, Incoming President, UNM Alumni Association
Gary Gordon, Vice-Chair for Thelma Domenici, Chair, UNM Foundation
COMMENTS FROM REGENTS
REGENT COMMITTEE REPORTS
ACADEMIC/STUDENT AFFAIRS & RESEARCH COMMITTEE, Regent Sanchez, Chair
Motion approved unanimously to approve the Degree Candidates for Spring 2007
(1 st Sanchez 2 nd Abeita).
Motion approved unanimously to approve the Posthumous Degree Candidates (Vincent Lomonaco and Christine Collins-Gonzales) for Spring 2007 (1 st Sanchez 2 nd Abeita ).
ADVANCEMENT COMMITTEE, Regent Chalmers, Chair
DEVELOPMENT COMMITTEE, Regent Chalmers, Chair
AUDIT COMMITTEE, Regent Sanchez, Chair
The Regents’ Audit Committee convened on April 10, 2007 and took the following actions:
The Regents’ Audit Committee reconvened on April 23, 2007 and took the following actions:
HSC – HEALTH SCIENCES, Regent Fortner, Chair
Motion approved unanimously to approve the permanent appointments (5/4/07) for Medical Staff (1 st Fortner 2 nd Chalmers ).
Motion approved unanimously to approve the reappointments (5/4/07) for Medical Staff (1 st Fortner 2 nd Chalmers).
Motion approved unanimously to approve the reappointments (5/4/07) for Medical Staff with Specialty (1 st Fortner 2 nd Chalmers ).
Motion approved unanimously to approve the expansion of privileges for David Graeber, MD to include Inpatient Treatment (including admission, continuing care and psychotropic chemotherapy for children 12 years old or younger) (1 st Fortner 2 nd Chalmers ).
Information Items :
Our Patient Days are up about 5%. Our Discharges are up about 6%. Average Length of Stay is stable. Outpatient Clinic Visits are also up. Emergency Department Visits are level with the budget and prior year. Operations and Births are up. UNM Care Enrollment is increasing. The net margin for the Hospital is very positive. Total margin for the Hospital, with the $10 million dollar grant from the Legislature and the State, is right at $14 million dollars. Out Case Mix Index is up over the budget from the prior year. Net Patient Revenue per FTE is up significantly about 8%. Days Cash on Hand is up over the prior year. Days in Net Accounts Receivable are down. Our FTE’s are stable.
We are tracking for the first week in June for moving into the Barbara and Bill Richardson Pavilion. The construction is effectively finished.
PUBLIC COMMENT
Motion approved unanimously to approve going into Executive Session at 10:50 a.m. (1 st Chalmers 2 nd Sanchez).
EXECUTIVE SESSION will be held from 11:30 a.m. – 1:00 p.m. in the Sandia Room:
Motion approved unanimously to open meeting at 1:00 p.m. and report on those matters addressed in Executive Session (1 st Chalmers 2 nd Fortner ).
HARWOOD MUSEUM, Regent Raymond Sanchez
Upon motion duly made and seconded, the Board unanimously approved the Resolution attached as Exhibit (#6) to these minutes entitled “Board of Regents of the University of New Mexico Resolution Regarding the Governing Board of the Harwood Foundation of the University of New Mexico”.
Motion approved unanimously to approve the Resolution regarding the Governing Board of the Harwood Foundation of the University of New Mexico (1 st Sanchez 2 nd Chalmers).
Discussion:
Motion approved unanimously to approve 5% increases for Dr. Paul Roth and David Harris (1 st Koch 2 nd Fortner).
Motion approved unanimously to adjourn meeting at 1:22 p.m. (1 st Koch 2 nd Fortner ).
Adjournment
___________________________ ______________________________
Regent James H. Koch Regent Carolyn J. Abeita
President Secretary/Treasurer
Attachments to Minutes Official File
#1 Budget Revisions FY 2006-07
#2 FY 2007-08 Operating Budget
#3 Resolution CRTC II Project
#4 BOR Policy 2.11.1 Building Plaques
#5 Financial Report 3/31/07
#6 Resolution regarding the Governing Board of the Harwood Foundation of UNM
File: Regent Minutes 5-08-07 (edited current 6/4/07)