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ARIZONA BOARD OF REGENTS

MINUTES OF A MEETING

May 24, 2001

 

TABLE OF CONTENTS

CONSENT AGENDA

*Minutes

Resources Committee Consent

*Multiple-Year Employment Contract for Head Softball Coach (UA)

*Multiple-Year Employment Contract for Head Soccer Coach (UA)

*Disclosure of Substantial Interest of University Employees Elaine L. and Myron K. Jacobson, Professors, Pharmacology & Toxicology, in Niadyne, Inc. (UA)

*Disclosure of Substantial Interest of University Employees Joseph John Bahl, Eugene Morkin, and Steven Goldman, Professors, College of Medicine, in Thyrolog, LLC (UA)

Programs Committee Consent

*Spring Enrollment Report

Public Awareness Committee Consent

*Review of State Legislation with Potentially Direct Impact on the Arizona University System

RESOURCES COMMITTEE

Approval of Arizona Area Health Education Centers (AzAHEC) FY 2001, FY 2002, and FY 2003 Budgets

Appointments of Arizona Area Health Education Center (AzAHEC) System Acting Director and Members to Statewide Commission and Center Governing Boards

Memorial Union Extension: Conceptual Approval (ASU)

Approval for Request for Proposals for Privately Financed, Constructed, and Operated Childcare Facility (NAU)

STRATEGIC PLANNING

Mediated Classroom/Social Sciences Building: Revised Project Initiation (ASU)

Revised Multi-Year Bonding Plan (ASU)

Flightline Building: Project Initiation (ASU East)

ADMINISTRATIVE BUSINESS

Election of Board Officers for 2001-2002

APPROVAL OF NEW PRESIDENT FOR NORTHERN ARIZONA UNIVERSITY

ADJOURNMENT

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MINUTES OF A MEETING

ARIZONA BOARD OF REGENTS

May 24, 2001

A meeting of the Arizona Board of Regents was held May 24, 2001, in Salon 4 of the DoubleTree Suites Hotel, Phoenix, Arizona. President Donald Ulrich called the meeting to order at 9:01 a.m.

PRESENT:

Regent George H. Amos, III
Regent Mary Echeverria
Regent Judy Gignac
Regent Chris Herstam
Regent Jack Jewett
Regent Kay McKay
Superintendent of Public Instruction Jaime Molera
Regent Christina Palacios
Regent Gary Stuart
Regent Donald Ulrich

ABSENT: Governor Jane Dee Hull

Present in addition to the Regents were: President Clara Lovett, Dr. Jeanette Baker, Ms. Anne Barton, Mr. Kurt Davis, and Mr. Josh Allen, Northern Arizona University; President Peter Likins, Dr. George Davis, Mr. Joel Valdez, Dr. Richard Powell, Mr. Greg Fahey, Ms. Judith Leonard, and Dr. Elizabeth Ervin, University of Arizona; President Lattie Coor, Dr. Milton Glick, Dr. Gary Krahenbuhl, Dr. Tom Trotter, Dr. Mernoy Harrison, Dr. Elaine Maimon, Mr. Steve Miller, and Mr. Paul Ward, Arizona State University; Executive Director Linda Blessing, Board Counsel Joel Sideman, Secretary to the Board Judy Garza, Mr. Dave Harris, Ms. Louise Houseworth, Ms. Norma Salas, Mr. Matt Ortega, Ms. Kathy Bedard, and Dr. Art Ashton, Central Office Staff; and Student Regent Designees Myrina Robinson and Matthew Meaker.

CONSENT AGENDA

Items on the Consent Agenda, which are marked in these minutes with an * were considered as consent matters and were adopted upon motion of Regent Jewett, seconded by Regent Gignac. There was no individual discussion of these items.

*Minutes

The Board approved the March 9, 2001, Special Meeting, the April 11, 2001, Regular meeting, and the March 2, 2001, Executive Session minutes.

Resources Committee Consent

*Multiple-Year Employment Contract for Head Softball Coach (UA)

The Board granted a multiple-year employment contract to John M. Candrea, University of Arizona Head Softball Coach, for the period of July 1, 2001, through June 30, 2004, as summarized below.

Coach Candrea's salary for duties related to coaching softball will be $83,640 per annum. The salary may be increased by an amount not to exceed the percentage increase available annually for employees of the University employed subject to the Conditions of Administrative Services. In addition to salary, Candrea shall receive additional compensation in an amount equal to 1/12 the annual salary, or $6,970, for each of the following accomplishments the university softball team attains in any academic year within the term of this contract: (a) wins the Pacific-10 championship or reaches the third game in the NCAA post-season regional tournament or (b) reaches the Championship Game of the College World Series.

Coach Candrea may also receive, annually, additional compensation for certain stated academic achievements of Grade Point Averages or Graduation Rates. Additional fringe benefits provided by the university, if any, may be provided annually. The contract contains liquidated damages clauses regarding early termination of the contract.

*Multiple-Year Employment Contract for Head Soccer Coach (UA)

The Board granted a multiple-year employment contract to Catherine I. Klein, University of Arizona Head Soccer Coach, for the period of July 1, 2001, through December 31, 2003, as summarized below.

Coach Klein's salary for duties related to coaching softball will be $80,000 per annum. The salary may be increased by an amount not to exceed the percentage increase available annually for employees of the University employed subject to the Conditions of Administrative Services. In addition to salary, Klein shall receive additional compensation in an amount equal to 1/12 the annual salary, or $6,666.67, for each of the following accomplishments the university softball team attains in any academic year within the term of this contract: (a) wins the Pacific-10 championship or reaches the "Second Round" in the Division I Soccer Championship or (b) reaches the Championship Game in the NCAA Division I Soccer Championship.

Coach Klein may also receive, annually, additional compensation for certain stated academic achievements of Grade Point Averages or Graduation Rates. Additional fringe benefits provided by the university, if any, may be provided annually. The contract contains liquidated damages clauses regarding early termination of the contract.

*Disclosure of Substantial Interest of University Employees Elaine L. and Myron K. Jacobson, Professors, Pharmacology & Toxicology, in Niadyne, Inc. (UA)

The Board authorized the University of Arizona to permit Drs. Elaine L. and Myron K. Jacobson to establish and maintain a substantial interest in Niadyne, Inc., while continuing their employment at the University of Arizona. The President of the University of Arizona has approved this request and certifies compliance with the statutory requirements. Drs. Elaine and Myron Jacobson, co-founders of Niadyne, Inc., will hold 17% of the stock initially issued. They will receive no salary or consulting or other fees at this time. Niadyne, Inc., is a biotechnology company developing compounds that can be delivered either dermally or transdermally. These compounds may be used to prevent sunlight induced skin cancer, as well as to decrease the risk of cardiovascular disease.

*Disclosure of Substantial Interest of University Employees Joseph John Bahl, Eugene Morkin, and Steven Goldman, Professors, College of Medicine, in Thyrolog, LLC (UA)

The Board authorized the University of Arizona to permit Drs. Joseph John Bahl, Eugene Morkin, and Steven Goldman to establish and maintain a substantial interest in Thyrolog, LLC, while continuing their employment at the University of Arizona. The President of the University of Arizona has approved this request and certifies compliance with the statutory requirements. As co-founders of Thyrolog, LLC, Dr. Joseph John Bahl will hold a 10% interest, Dr. Eugene Morkin will hold a 35% interest, and Steven Goldman will hold a 35% interest in the company. They will receive no salary or consulting or other fees at this time. Thyrolog, LLC plans a joint venture with Pan American Laboratories who will write the formal Business Plan at the time the joint venture is established. Thyrolog, LLC is a limited liability corporation whose purpose is to develop drugs structurally closely related to thyroid hormone for treatment of congestive heart failure and elevated serum cholesterol.

Programs Committee Consent

*Spring Enrollment Report

A summary of spring semester enrollment was provided to keep Board members updated on the number and type of students being served by the university system. Headcount at ASU Main was 41,115, at ASU West 5,278, at ASU East 1,933, at NAU 18,672 and at UA 31,910 (including 337 from UA South). FTE was 37,128 at ASU Main, 3,893 at ASU West, 1,216 at ASU East, 16,213 at NAU, and 28,662 at UA (including 222 from UA South).

Public Awareness Committee Consent

*Review of State Legislation with Potentially Direct Impact on the Arizona University System

The Regents received a written report on the bills passed by the Legislature and acted on by the Governor that might impact the universities.

RESOURCES COMMITTEE

Regent Jewett chaired this portion of the meeting.

Approval of Arizona Area Health Education Centers (AzAHEC) FY 2001, FY 2002, and FY 2003 Budgets

Ms. Houseworth, Ms. Bedard, and Mr. Don Proulx, Acting Director of AzAHEC, joined the meeting for this discussion. Regent Jewett said the Board was being asked to review and approve the budgets for AzAHEC for fiscal years 2001, 2002, and 2003. The passage of Proposition 204 in November 2000 provided in excess of $4M annually from Arizona Tobacco Litigation Settlement Funds for AzAHEC.

Mr. Proulx said AzAHEC was established in 1984 and has been funded primarily with federal grants, some state grants, and contracts through the Arizona Department of Health Services. For a brief period between FY 1991 and FY 1996, AzAHEC was partially supported by state funds, which were included in the Central Office budget as a below-the-line item.

The Joint Legislative Budget Committee will determine the exact amount of the FY 2001 funding at the May 31st meeting and it is anticipated the funds will be received by early June. The University of Arizona, through the Rural Health Program in the Arizona Health Sciences Center, will assume responsibility for monitoring and reporting all receipts and expenditures.

Regent Stuart asked if the $2.25M budgeted for Rural Internet/Telemedicine Program was for clinical or education purposes and was told education. President Ulrich asked if this was compressed video and was told no.

Upon motion of Regent Gignac, seconded by Regent McKay, the Board approved the FY 2001, FY2002, and FY 2003 budgets for the Arizona Area Health Education Centers for use of Arizona Tobacco Litigation Settlement funds as presented.

Appointments of Arizona Area Health Education Center (AzAHEC) System Acting Director and Members to Statewide Commission and Center Governing Boards

Ms. Houseworth and Ms. Bedard joined the meeting for this discussion. 

Regent Jewett said the Board was being asked to appoint an AzAHEC System acting director and members to the AzAHEC statewide commission and five center governing boards. A.R.S. §15-1643 requires the Board of Regents to make these appointments. The nominees as presented meet the statutory criteria.

Upon motion of Regent Jewett, seconded by Regent McKay, the Board approved the appointment of Donald E. Proulx as Acting Director of AzAHEC and the following appointments to the AzAHEC Centers System Advisory Commission for FY 2001-FY2003: Edith Auslander, Paul Babbitt, Jack Beveridge, Joel Brill, Warren Day, Catherine Eden, Frank Felix, Vanessa Hill, Herschella Horton, Thomas McWilliams, Eladio Pereira, and Anthony Vuturo. The following members are ex-officio, with a vote during term of office as AzHEC Board President only: Brenda Wallace (President CENAHEC Board of Directors), Abel Estella (President NAHEC Board of Directors), Robert Heiligman (President MAHEC Board of Directors), Dorothy Kervahn (President SEAHEC Board of Directors), and Jose Muņoz (President WAHEC Board of Directors). The following are ex-officio members without voting rights: Linda Blessing (Executive Director of ABOR) and Donald Proulx (Acting Director of AzAHEC System). The Board also appointed members to the governing boards of CENAHEC (Central Arizona AHEC), MAHEC (Maricopa AHEC), NAHEC (Northern Arizona AHEC), SEAHEC (Southeastern Arizona AHEC), and WAHEC (Western Arizona AHEC) for FY 2001 through FY 2003 as requested.

Memorial Union Extension: Conceptual Approval (ASU)

Dr. Harrison and Mr. Harris joined the meeting for this discussion. Regent Jewett said ASU was requesting Conceptual Approval for a 154,000 sq. ft. expansion of the Memorial Union. The estimated project cost is $38.8M, which will be funded with Academic Revenue Bonds and Certificates of Participation. This project has received Project Intiation approval at the April 2001 Board meeting. Upon motion of Regent Jewett, seconded by Regent McKay, the Board granted Conceptual Approval to Arizona State University for the Memorial Union Expansion.

Approval for Request for Proposals for Privately Financed, Constructed, and Operated Childcare Facility (NAU)

Mr. Harris and Mr. Allen joined the meeting for this discussion. Regent Jewett said NAU was requesting approval to issue a Request for Proposals for a privately financed, constructed, and operated childcare facility either on or adjacent to the Mountain Campus. Regent Gignac asked if people in the community who were already involved in childcare would be asked to participate and bid and was told yes. Upon motion of Regent Jewett, seconded by Regent McKay, the Board authorized Northern Arizona University to proceed with a Request for Proposals for a privately financed, constructed, and operated childcare facility.

McKale Center Renovation: Conceptual Approval (UA)

Mr. Valdez and Mr. Harris joined the meeting for this discussion. Regent Jewett said the UA was requesting Conceptual Approval for the 18,300 sq. ft. renovation of McKale Center and the addition of 3,200 sq. ft. of new office space at an estimated cost of $3.3M, to be funded through gifts. Regent Gignac commented she appreciated the help this project would provide to women's sports. Upon motion of Regent Jewett, seconded by Regent Gignac, the Board granted Conceptual Approval to the University of Arizona for the McKale Center Renovation and Expansion Project.

STRATEGIC PLANNING

Regent McKay chaired this portion of the meeting.

Mediated Classroom/Social Sciences Building: Revised Project Initiation (ASU)

Dr. Harrison, Dr. Ashton, Dr. Glick, and Mr. Harris joined the meeting for this discussion. Regent McKay said ASU was requesting revised Project Initiation approval for the combined 276,000 sq. ft. Mediated Classroom/Social Sciences Building. This project adds Social Science space to the previously approved Mediated Classroom Building. Social Science space was added when it was discovered the current Social Sciences Building has structural deficiencies that will require its demolition. The estimated project cost is $58M that will be funded with academic revenue bonds.

Upon motion of Regent Gignac, seconded by Regent Palacios, the Board granted Revised Project Initiation approval for the Mediated Classroom and Social Sciences Building.

Revised Multi-Year Bonding Plan (ASU)

Dr. Harrison, Dr. Ashton, and Mr. Harris joined the meeting for this discussion. Regent McKay said ASU was requesting Board approval of its Revised Multi-Year Bonding Plan to reflect the expansion of the Mediated Classroom Social Sciences Building that was just considered. Regent Gignac asked to what extent this would place upward pressure on tuition and was told no additional pressure beyond what is already planned. Upon motion of Regent McKay, seconded by Regent Stuart, the Board approved Arizona State University's revised Multi-Year Bonding Plan and authorized Arizona State University to present the plan to the Joint Committee on Capital Review for review and to the Governor's Office for comment.

Flightline Building: Project Initiation (ASU East)

Dr. Ashton, Mr. Harris, Mr. Isaacson and Dr. William McCurry, Chair of the Department of Aeronautical Management Technology, joined the meeting for this discussion. Regent McKay said Arizona State University East was requesting Project Initiation approval to construct a 42,000 sq. ft., $3.2M flightline facility to conduct flight training programs offered by its College of Technology and Applied Sciences, Department of Aeronautical Management Technology. Certificates of Participation paid for by Proposition 301 funds will fund this building or the project may involve a public/private partnership.

Regent McKay ask if the scope of the project was sufficient and was told it is adequate to meet the needs. Regent Stuart asked when the decision would be made as to the financing and was told the current plan is to come back to the Board at the June meeting. The preference is for the public/private financing. Regent Stuart stated he shared that preference.

Upon motion of Regent Stuart, seconded by Regent Gignac, the Board granted Project Initiation approval to continue planning for construction of the flightline facility at Williams Gateway Airport as described in the Executive Summary.

Regent Amos stated he believed buildings are needed, but they should be considered in the context of the serious faculty morale problem due to low salaries. He believes the salary problem is more important at this time and suggested there should be less emphasis on building and more emphasis on faculty salaries.

ADMINISTRATIVE BUSINESS

Election of Board Officers for 2001-2002

President Ulrich had asked Regent Amos, as Past President, to place in nomination a slate of officers that would satisfy the requirements of the Bylaws. Upon motion of Regent Amos, seconded by Regent Gignac, the Board elected the following officers for 2001-2002: President - Kay McKay; President Elect - Jack Jewett; Treasurer - Chris Herstam; Secretary - Gary Stuart; Assistant Secretary - Christina Palacios; Assistant Treasurer - Myrina Robinson.

The meeting recessed at 9:35 a.m. and reconvened at 3:57 p.m. Present in addition to the Regents were: Executive Director Linda Blessing, Board Counsel Joel Sideman, Secretary to the Board Judy Garza; Mr. Matthew Ortega, Ms. Cathy McGonigle, and Mr. David Harris, Central Office; and Dr. Owen Cargol.

APPROVAL OF NEW PRESIDENT FOR NORTHERN ARIZONA UNIVERSITY

President Ulrich acknowledged the Northern Arizona University Search Committee and thanked the members for all their work. He also gave a special thank you to Regent McKay for her leadership as Chair of the committee. He said the Regents were pleased with the three finalists selected by the search committee. Each of the finalists had participated in forums and meetings on the NAU campus and in Flagstaff. President Ulrich said all the Regents, including the Governor, had interviewed all three candidates.

Regent McKay also acknowledged the work of the search committee and thanked the Regents for their support during the process. She said it had been a difficult decision to chose among the three candidates, but the Regents chose the person they believed would be the best fit for NAU.

Upon motion of Regent McKay, seconded by Regent Jewett, the Board moved to hire Owen Cargol as the new President of Northern Arizona University, with the terms and conditions of his contract to be determined.

Dr. Cargol expressed his appreciation to the search committee and to the Regents for their faith in his candidacy.

ADJOURNMENT

The meeting adjourned at 4:00 p.m.

SUBMITTED BY:

____________________________
Judy E. Garza, 
Secretary to the Board

APPROVED BY:

______________________________
Donald J. Ulrich, Jr., President

ATTEST:

__________________________
Chris Herstam, Secretary

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