Regents Minutes - February 2011
色狐入口 Institute of Mining and Technology Board of Regents
1:30 p.m., February 22, 2011
Kiva Room, Hotel Santa Fe
Santa Fe, 色狐入口
MINUTES
The 色狐入口 Tech Board of Regents convened at 1:30 p.m., with Regent Ann Murphy Daily presiding. Other Board members present were Secretary-Treasurer Jerry Armijo, Richard N. Carpenter, Abe Silver, Jr. and William Villanueva. University administrators, staff, and guests who were also present included:
Daniel H. L贸pez
Peter Gerity
Van Romero
Melissa J. Fleming
John Meason
Robert Lee
Peter Scholle
Charles Rosacker
Miguel Hidalgo
Thomas Guengerich
Lonnie Marquez
Lala Garcia
Mark Adams
Richard Cervantes
Leyla Sedillo
Mike Kloeppel
Suzanne Barteau
1. Proof of Meeting Notice: Dr. L贸pez provided proof of notice by submitting copies of newspaper ads and e-mails sent to media outlets announcing the Board of Regents meeting.
4. Announcements
Regent Daily called on President L贸pez for announcements and he outlined the following:
Enrollment Updates: Dr. L贸pez provided the current general report on enrollment. Vice President Jaramillo, more specifically, indicated that 1197 applications have been received as of January 31, 2011. Of those, 125 were paid applicants. She reported having contacted nearby universities to learn more about the status of their enrollments. Three of the four universities reported they were up; one university stated their numbers were down. She further explained that Hispanic enrollment at Tech, was up by nine students compared to last year. Regent Armijo referred to the 1197 applications showing 500 admitted but asked about the remaining 600; whose status was unclear. Vice President Jaramillo explained that the 600 were still in process and some of them will convert to paid applicants. Regent Carpenter, on a related matter, asked about international students and wanted to know how they were tracked. The report did not reflect the number of currently enrolled international students but it was mentioned that international students are usually transfer students; therefore, are not captured in this report since only entering freshmen are included in this report.
The subject of distance learning was raised and the discussion revealed that it has become a significant portion of the university鈥檚 business. Dr. L贸pez reported that distance learning enrollment is primarily made up of those students taking six hours or less, including a significant number of out-of-state students. Dr. L贸pez advised the Board that this program is at risk of losing a major portion of its funding support due to the fact that the Legislature is considering eliminating the funding of students taking six or less hours.
Regent Carpenter also asked about the summer session and wondered how those enrollment numbers are reflected in the report. Vice President Jaramillo responded by stating that the month end reports capture summer enrollments.
The Board also inquired about the number of 色狐入口 Tech students on the lottery scholarship. Dr. L贸pez reported that only in-state students are eligible for the lottery scholarship; he reported that about 50% of 色狐入口 Tech in-state students participate in the lottery scholarship.
Student Housing: Dr. L贸pez introduced Miguel Hidalgo who is on staff and working closely with other staff on the planning for student housing. Mr. Hidalgo explained the process for seeking a bond for the construction of a residential life facility and cited for the record that it will take at least three months to execute the bond.
Hot Water Loop Progress Report: Dr. L贸pez reported that the hot water loop construction project is still on schedule. He did mention that the recent cold spree affected the campus and created problems in some buildings, i.e, pipes bursting and loss of heat. Dr. L贸pez praised the great team work by 色狐入口 Tech personnel in responding to the weather related problems and ensuring the safety of all personnel.
Donation of land by Freeport McMoRan: Dr. L贸pez reported that the property donation documents had been finalized and signed by 色狐入口 Tech and Freeport McMoRan. The deed of the gifted property has been registered with the Hidalgo county clerk鈥檚 office.
Sabbatical leave request for Dr. Michelle Creech Eckman: Dr. Gerity announced that Dr. Eckman, Associate Professor in Physics and Research Scientist at MRO, has been granted a one semester sabbatical leave for the Fall of 2011. Dr. Gerity stated that other faculty will step in and handle whatever courses need to be taught in order to ensure no student鈥檚 normal academic progress is impeded.
Legislative Update: Dr. L贸pez, in his legislative briefing, focused on House Bill 2 which is the General Appropriation Act which funds Higher Education.
Thus far, the budget reductions for 色狐入口 Tech are manageable; however, the briefing only reflects current action of the House Appropriations and Finance Committee but the current proposal is still subject to change. This measure still requires full House approval, along with Senate action. Dr. L贸pez stated he and his team are monitoring 57 bills which, if most were to be adopted, would negatively impact the university in one way or another. Tech鈥檚 lobbying staff is also responsible for providing analyses of bills to the Legislative Finance Committee.
PTRC WPS Program: Dr. L贸pez announced that 色狐入口 Tech, through its EMRTC division, has been awarded a $23.5 million grant by the Department of State. 色狐入口 Tech, more specifically, is one of eight awardees who will receive this grant, under sub-contract, over a five year period. The newcontract calls for security training for world-wide protective services through the State Department. These services include training of embassy security forces, for example. The training will take place at the Playas Training and Research Center, a subsidiary of EMRTC.
Regent Carpenter asked about the sustainability of federal funding for similar future projects. Dr. L贸pez and Dr. Romero both responded by explaining how our focus areas and agency relationships should help us maintain a healthy level of funding. However, in today鈥檚 fiscal environment it is difficult to predict how funding will look like in the future. Dr. Romero added that our federal funding risks are manageable and mentioned that our earmarks are less than 1% of the budget.
Capital Requests: Dr. L贸pez reminded the Board that the General Obligation Bond for capital projects was defeated in the November election. So any new capital funding has to come from severance tax bonding and this could potentially pay for two small projects: one for Playas road upgrades and the second for $1million in order to purchase and install added campus security and safety equipment.
5. Public Comment: Regent Daily asked if anyone in the audience wished to address the Board and/or make a public comment on any issue of concern. Regent Daily recognized Mr. Charles Rosacker whose children have attended 色狐入口 Tech in the past. Mr. Rosacker thanked the Board for its hard work and he also complimented President L贸pez and the university for the great strides 色狐入口 Tech has made improving its programs over the years, and he was especially proud that a number of his children have attended and graduated from Tech. Regent Daily read the names of his children who attended 色狐入口 Tech.
9. Financial Analysis for January: Dr. L贸pez called on Associate Vice President, Leyla Sedillo, to provide the Board with information regarding the financial status of Tech. Ms. Sedillo stated that the university budgeted conservatively, including budgeting overhead at a minimum. The report, overall, reflects that the university is staying on a sound financial track and that departments generally are managing to maintain balanced budgets.
10. Financial Status as of December 31, 2010 to Higher Education Department: President L贸pez presented the FY鈥11 second quarter expenditure report to the Board and requested formal approval of the report, consistent with the requirements of the Department of Higher Education. The report, it was noted, is similar to the financial statements generated in the annual independent audit. Regent Carpenter moved to accept and approve the report. Regent Armijo seconded the motion and it was unanimously approved.
11. Employee Benefit Trust Audit Results: Dr. L贸pez reported that the audit has been completed and preliminarily it appears that no major audit exceptions have been identified. A full report on the audit will be presented to the Board as soon as the State Auditor releases the audit.
13. Macey Family Children鈥檚 Center Bid:Dr. Lopez explained the history of the bid and award process that resulted in this matter being before the Regents. White Sands Construction Inc., which submitted the apparent second lowest bid for the construction of the Macey Family Childrens鈥 Center, protested pursuant to the 色狐入口 Procurement Code, the bid of the apparent low bidder, Fox Builders Inc., whose bid had been accepted by the Regents. Following its investigation and with the assistance of the Rodey Law Firm, Tech determined that although Fox鈥檚 bid was responsive and was the apparent low bid, Fox was not a responsible bidder. Tech gave Fox and White Sands notice of its determination pursuant to the Procurement Code. Fox did not file a timely appeal from Tech鈥檚 determination. Mr. Adams recommended that the Regents rescind their previous approval of Fox鈥檚 apparent low bid and accept White Sand鈥檚 bid. Regent Carpenter moved to rescind the Regents鈥 previous approval of Fox鈥檚 bid and to accept White Sands鈥 bid. Regent Silver seconded the motion and it was unanimously approved.
14. Architectural Services for New Dormitory: Dr. L贸pez reported on the planning and status for the new dormitory. After discussion, Dr. L贸pez requested approval of the selection for architectural services of the various bidders. Eleven companies responded to the bid. The committee, after evaluating all the proposals, recommended Studio D Architects/Hanbury Evans Wright Vlattas. It is estimated that the fee for their services will be $502,200.00 which is consistent with the rate set by the Architect Rate Schedule of the Procurement Code. Maximum Allowable Construction Cost is the basis upon which the state calculates the fee for architectural services. Regent Carpenter moved to approve the selection of Studio D for this service. Regent Armijo seconded the motion and it was unanimously approved.
15. Request for purchase exceeding $250,000.00 using State Funds: Dr.L贸pez provided the Board with a request to purchase two Caterpilar Telehandlers totaling $279,800.00. This purchase is deemed necessary in order to provide EMRTC personnel with adequate and safe equipment in order for them to do their work. Regent Silver moved to approve the purchase. Regent Armijo seconded the motion and it was unanimously approved.
16. Individual Board Member Comments: Regent Silver complimented Dr. L贸pez for bringing the Board up to speed on all the issues pertaining to 色狐入口 Tech. Regent Armijo also thanked Dr. L贸pez for all his hard work at the legislative session. He stated that the university has an effective advocate. He also wanted to commend all university employees, and particularly the facilities staff, for the way they responded to the recent cold spell that hit Socorro. He further stated that Socorro had been prepared for the cold weather days in advance, but 色狐入口 Tech, nonetheless, had a heavy burden in responding to numerous emergencies across the entire campus caused by the extreme cold weather. He particularly asked that the record reflect the Board鈥檚 appreciation and thank, on their behalf, the lower paid staff who worked tirelessly and without complaint to ensure that all buildings were back in working order and ensure that staff, students and faculty were safe and comfortable during those very frigid days. He also stated that he hoped staff would be adequately compensated for their extra work. Dr. L贸pez stated he was very proud of his staff and stated that indeed the staff who did work overtime would be paid for their extra work.
Regent Daily echoed those same sentiments and thanked the 色狐入口 Tech administration for their swift response to every emergency which surfaced during those difficult days.
Regent Carpenter recognized Regent Villanueva and thanked him for his service as the university student regent. He explained that Regent Villanueva, by statute, serves a two year term which expired on December 31, 2010. Regent Villanueva also thanked the Board as well as Tech鈥檚 administration and stated that he had learned a great deal and that his service on the Board had been a very rewarding experience.
18. Employee Benefit Trust: Dr. L贸pez and Associate Vice President Sedillo presented the employee benefit trust report to the Board. Ms. Sedillo stated that there has been an appreciation on investments; however, the report presented to the Regents did not reflect investment growth. Regent Carpenter asked if the investments were made at the State Treasurer鈥檚 Office and upon whose advice. Ms. Sedillo responded that she was not exactly sure who provides advice. She believes, that the university uses Smith Barney advisors for investment decisions, but was not certain. The Employee Benefit Trust, with no further discussion, adjourned at 3:25pm.
19. Executive Session: Upon reconvening, at 3:26pm, on a unanimous roll call vote, the Board moved and unanimously voted to go into executive session to consider legal matters regarding a potential legal challenge involving the Kirtland lease. Regent Villanueva recused himself from the executive session due to his employment with Kirtland Airforce Base. At the completion of the executive session, the Board reconvened in open session. Regent Daily reported that after discussion of the legal issues surrounding the Kirtland lease in executive session, no action was taken.
20. Adjournment: Subsequent to the executive session and there being no further business to come before the Board, Regent Daily adjourned the meeting at 3:45 p.m.