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MINUTES OF THE REGULAR MEETING

of the

BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM

Madison, Wisconsin
Held in Room 1820 Van Hise Hall
Friday, February 7, 1992
8:30 a.m.

- President Lyon presiding -

 

PRESENT: Regents Barry, Clusen, Davis, Flores, Gelatt, Grebe, Gundersen, Hirsch, Krutsch, Lubar, Lyon, Nicholas, Schilling, Steil and Vattendahl
ABSENT: Regents Dreyfus and Grover

Approval of Minutes

Upon motion by Regent Davis, seconded by Regent Lubar, the minutes of the December 6, 1991, meeting of the Board of Regents were approved as distributed.

 

REPORT OF THE PRESIDENT OF THE BOARD

Report of Regent Member of the Educational Communications Board

Regent Clusen, Regent member of the Educational Communications Board, reported on the status of the review of options for licensing of stations, pursuant to the Legislative Audit Bureau recommendation that all licenses be held by the Educational Communications Board.  A working group had examined the various options and the ECB is likely to vote on the matter in March, with a report due to the Legislature by April 1. 

Chancellor Boyle indicated that the working group will have a recommendation that will provide for a broad-based, cooperative partnership for all licensees.

 

Report of the Vice President of the State VTAE Board

Regent Barry, Vice President of the VTAE Board provided a written report.

 

Report on Meeting of the Council of Trustees, UW Hospitals and Clinics

Regent Flores, Chair of the Council of Trustees, reported that at its February meeting the Council approved a proposal for restructuring University Hospital and Clinics to achieve greater flexibility in the areas of personnel, purchasing and facilities.

Vice Chancellor Jay Noren reviewed the status of the consensus process, which involved over 140 meetings with university faculty, hospital staff, and others.  Input from the meetings led to two principal conclusions: (1) change in structure to streamline operations is necessary; and (2) any option that is perceived as private in character is not viable.  Based on feedback from the meetings and other comments submitted to the Chancellor and the Vice Chancellor, a resolution proposing delegated statutory authority for streamlined operation of the hospital based upon nine key principles was discussed.  This resolution had been presented to faculty of the schools of Medicine, Nursing and Pharmacy, as well as the Faculty Senate, all of which endorsed the proposal.

The new statutory authority for operation of the hospital and clinics would assure continuation of the current statutory mission.  The new authority would follow several principles, including:  continuation of the hospital's identity as a public institution; governance by a board selected by UW System, UW-Madison, the Legislature and the Governor; delegated authority for a hospital personnel system, contracts, purchases, and facilities acquisition; and assurance that the hospital will remain an integral part of UW-Madison. 

Following Dr. Noren's presentation, Chancellor Shalala spoke to the Council, stating her endorsement of the proposal, and her intent to develop detailed plans for implementation and operation of the new authority.  Upon completion of her plans and specific proposed language for statutory change, the proposal will again be presented to faculty, staff, and the Council of Trustees.  It will then come to the Board of Regents for action, probably in September 1992.  Development of the operating details will involve a series of work groups comprising participants from several related bodies.

The resolution was unanimously endorsed by the Council and will be presented to the Board of Regents in March 1992.

Vice Chancellor Noren presented a proposal to construct a new facility in the University Research Park for UW Hospital's Sports Medicine, Spine Center and Cardiac Rehabilitation programs.  The project had been approved earlier by the Council and by the Board of Regents as a lease with potential future purchase option.  However, the State Division of Facilities Management had recently agreed to support enumeration of the project in the 1992-93 budget bill, with program-revenue-supported borrowing authority to construct the building.  Dr. Noren noted that this approach will save a significant amount of money.  Following discussion, the Council approved a motion permitting the hospital to request enumeration in the 1992-93 budget adjustment bill of $7.6 million to finance the Sports Medicine, Spine Center, Cardiac Rehabilitation facility.  The project is submitted for Board of Regents consideration at this meeting (See page 12).

The Council also considered a proposal for development of a primary care facility in Hilldale Shopping Center.  Senior Associate Superintendent Lester Brower explained that Hilldale's management group, following extensive feasibility studies on such issues as parking and the viability of health care facilities in shopping centers, supports the hospital's proposal to establish a clinic facility in the Hilldale Center.  The hospital is interested in doing so because it would help to accomplish the hospital and Medical School goal of enhancing primary care activity, thus providing greater learning opportunities for medical students and residents.  In addition, the new facility would allow the hospital to relocate several clinic services from within the hospital and other sites, thus freeing much needed space for other clinical programs.  The Council approved a motion supporting the concept of developing an ambulatory care facility in Hilldale Shopping Center and recommended that the hospital administration pursue implementation of the project through appropriate campus, system, Regent, and state review and approval processes.

Regent Flores informed the Council that he had appointed Eloise Anderson to represent the Council of Trustees on a Quality Assurance Subcommittee which will review the hospital's quality assurance program, as required by the Joint Commission on Accreditation.  The subcommittee will meet five times a year and report to the Council.

Report on the Governor's Commission on UW System Compensation

Regent Grebe, Vice Chair, reported on the Commission's first meeting on January 13, 1992, at which work has begun toward the September 1, 1992, deadline for submitting a report and recommendations to the Governor, Legislature and the Board of Regents.

At the first meeting, the Commission approved a work plan and divided efforts into three general categories.  The first is to gather information; the second is to identify problems and the extent of those problems; and the third is to focus on solutions and formulate recommendations.

At the first meeting, the Commission heard a series of presentations about the process concerning faculty and staff compensation, presented by UW System Administration, the Department of Administration, and the Department of Employment Relations.

Planned for the February 10 meeting were presentations on methodology from representatives of the UW System Administration, as well as from the Legislative Audit Bureau and the Legislative Fiscal Bureau.

Report on the Presidential Search

Regent Lyon, Chair of the Presidential Search Committee, reported that the Committee met on January 7, 1992, to begin reviewing credentials of applicants and nominees for the position of President.  The next meeting will be on February 12.

Report on Legislative Matters

Regent President Lyon asked Acting Vice President Ward to give an overview of the status and provisions of legislation on tenure recently passed by both houses of the Legislature.

Acting Vice President Ward reported that AB 561 addressed problems resulting from a 1986 court decision which made the Board of Regents powerless to award tenure to individuals who had been found, through the established faculty appeals process, to have been denied tenure on impermissible factors, such as race or gender.

The bill creates an ad hoc committee to conduct a de novo review in such cases.  The committee would include persons who are not in the department that denied tenure but who are experienced in the same academic field.  If AB 561 is signed by the Governor and enacted into law, the Board will be able to grant tenure in cases where the department denial is based on impermissible factors, if tenure is recommended by the ad hoc committee and the Chancellor.

In response to a question by Regent Lubar, Acting Vice President Ward explained that, under the existing process, the faculty appeals committee can refer a case back to the department if it is found that impermissible factors were involved in the decision.  However, if the department does not change its denial decision, tenure cannot be granted.  The appeals committee considers only the fairness of the process.  The new element in this legislation is the ad hoc committee, which would review the academic credentials of the faculty member. 

In reply to a question by Regent Clusen, Acting Vice President Ward indicated that under the new legislation the Board could not grant tenure in the absence of an affirmative recommendation by both the ad hoc committee and the Chancellor.

Regent Krutsch asked how the ad hoc committee will be appointed, and Vice President Portch explained that each institution will develop personnel rules on that subject.  A large campus might use faculty from related departments within the institution, while a smaller campus would be more likely to use faculty from other institutions.

Regent Davis stated that, as Chair of the Personnel Matters Review Committee, he was supportive of the legislation.  He asked if the Regent Committee would have the ability to remand cases to the ad hoc committee, rather than the department.

Senior Counsel Tallman explained that the legislation should reduce the number of cases appealed to the Regents, since a review by the ad hoc committee would address most problems at the campus level.  The legislation does not specify the level to which the Personnel Matters Review Committee could remand a case.

Regent Hirsch asked if consideration had been given to the type of relationship that might occur within a department if a person were granted tenure over the objection of the department.

Vice President Portch replied that professional conduct within the department will be expected.  Existing grievance and complaint procedures could be used to address any problems. Regent Krutsch asked how frequently faculty complained that they were denied tenure for impermissible reasons, and Regent Davis replied that the Personnel Matters Review Committee has received two or three such appeals a year.

 

 

  - - -

 

 

REPORT OF THE ACTING PRESIDENT OF THE SYSTEM

 

Report of Nonpersonnel Actions

 

Presenting Resolution 5996, Acting President Lyall noted that the list

of nonpersonnel actions included an academic support services contract for a

law lecturer, which is an instructional function and not one providing legal

services.

 

Upon motion by Regent Gelatt, seconded by Regent Schilling, the

following resolution was adopted unanimously:

 

Resolution 5996:  That the report of nonpersonnel actions by

administrative officers to the Board of Regents and

informational items reported for the record (copy on

file with the papers of this meeting) be received for

the record; and that actions included in the report be

approved, ratified and confirmed.

 

-

 

Introduction of Dean, UW Center-Sheboygan County

 

Chancellor Grugel introduced Dr. Kathleen O'Connor, who had taken office

on January 15, 1992, as the Dean of the UW Center-Sheboygan County.

 

-

 

Statement on the Budget Adjustment Bill

 

Acting President Lyall reported that the Governor's 1992-93 budget

adjustment bill proposes a .9 percent GPR increase for the UW System's

noncompensation operating budget, excluding one-time lapses.  After lapses, it

is essentially a steady state budget.  The previously approved fee increases

are preserved.

 

The most serious losses are the previously scheduled GPR increases of

$2.3 million for supplies and expenses, $1.5 million for learning technologies

and $.5 million for libraries.  It is hoped that the Legislature will restore

the previously approved increases for these top-priority quality educational

needs.

 

In the broader sense, she commented that Wisconsin students will benefit

in 1992-93 from the far-sighted strategic planning of the Board of Regents,

the State and the UW institutions, which has enabled the UW to avoid the

financial roller coaster that is plunging many other universities into crisis,

drastic enrollment cuts, layoffs and double-digit tuition increases. 

 

Acting President Lyall noted the importance of planning ahead for the

1993-95 biennium, which will bring an upturn in the number of high school

graduates seeking higher education opportunities.  Through the policies of

enrollment management and planned reallocation, the UW is managing to maintain

quality educational opportunities in the short run.  In looking ahead to the

1993-95 biennial budget, consideration will need to be given to the tougher

questions of enrollment and support in the second half of the decade and

beyond.

 

-

 

Streamlining Agenda Materials

 

Acting President Lyall noted the initial efforts this month to

streamline and present agenda materials in a common format.  She invited any

suggestions as to additional ways to simplify reading materials.

 

-

 

Death of UW System Acting Associate Vice President Kenneth L. Warren

 

It was reported by Acting President Lyall that UW System Administration

lost a valued and veteran colleague in January with the death of University

Relations Acting Associate Vice President Kenneth Warren.  Stating that Dr.

Warren knew and practiced his profession very well, she cited his dedication

and leadership in statewide media coordination, the systemwide advocates

program, numerous award-winning outreach efforts, his work with educational

telecommunications colleagues at each UW institution, with the Educational

Communications Board, the VTAE system, Department of Public Instruction and

the Department of Administration.  Everywhere, he earned and commanded great

respect and affection.  On behalf of his friends and colleagues throughout the

UW System and the state, Acting President Lyall extended sincere condolences

to his wife, Karen, and to his family.

 

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UW-Madison/UW-Extension Presentation on Ice Engineering for Rivers

and Lakes

 

Introducing Professor C. Allen Wortley, Associate Dean for Engineering

Outreach and Professor of Engineering Professional Development and Civil and

Environmental Engineering at UW-Madison, Acting President Lyall stated that

Dr. Wortley's research is in ice engineering.

 

Dr. Wortley explained that his work for the past twelve years has been

through the College of Engineering and the Sea Grant program.  Involving seven

or eight campuses and two or three private universities, the Sea Grant program

is a statewide program which has a research and civil engineering department

with several master's and Ph.D. students performing advisory services to aid

the state's economic development and development of small craft harbors on

Lakes Michigan and Superior.  Harbor ice conditions are being monitored and

recommendations developed for design engineers who must treat ice as an

environmental factor on all five of the Great Lakes and connecting channels.

 

Showing slides of various problems that are being studied, Dr. Wortley

further explained specific examples in the various lakes and harbors where his

research has been able to help.

 

Regent President Lyon thanked Dr. Wortley for his informative

presentation.

 

 

  - - -

 

 

REPORT OF THE EXECUTIVE COMMITTEE

 

Regent Lyon, Chair, reported on the January 7, 1992, Executive Committee

meeting, at which the Committee granted authorization to recruit for a Provost

and Vice Chancellor at UW-La Crosse, approved appointment of Dean of the UW

Center-Sheboygan County, and approved a salary adjustment for a UW-Madison

professor.

 

(The minutes of the Executive Committee meeting are attached as EXHIBIT A.)

 

 

  - - -

 

 

REPORT OF THE BUSINESS AND FINANCE COMMITTEE

 

Regent Gelatt, Chair, presented the report.

 

Consent Agenda Items

 

Presenting Resolutions 5997-5999, which were approved unanimously by the

Business and Finance Committee, Regent Gelatt moved their adoption as consent

agenda items by the Board of Regents.

 

The motion was seconded by Regent Steil and carried, with Regent Davis

abstaining on Resolution 5997.

 

Approval of Gifts, Grants and Contracts

 

Resolution 5997:  That, upon recommendation of the Acting President of

the University of Wisconsin System, the gifts, grants

and contracts presented at this meeting (copy on file

with the papers of this meeting) be accepted,

approved, ratified and confirmed; and that, where

signature authority has not been previously delegated,

appropriate officers be authorized to sign agreements.

 

Approval of 1992-93 Compensation Guidelines

 

Resolution 5998:  That upon the recommendation of the President of

the University of Wisconsin System the 1992-93

Unclassified Pay Plan Guidelines be approved and

that if changes are required to the guidelines

as a result of actions by the Joint Committee on

Employment Relations, the Executive Committee,

in consultation with the System President, is

authorized to act on these changes.

 

Amendments to Investment Objectives and Guidelines

 

Resolution 5999:  That, upon the recommendation of the Trust Fund

Evaluation Team the modified Investment Objectives and

Guidelines for the Principal fund and the Investment

Objectives and Guidelines for the Income fund,

attached, be approved, effective September 1, 1992.

 

   ---

 

Quality Reinvestment Program

 

The Business and Finance Committee, with all Regents invited to attend,

discussed the UW System Quality Reinvestment Plan.  Regent President Lyon

stated that the Quality Reinvestment Plan reaffirms the university's

commitment to funding the top-priority educational needs that were identified

in the 1991-93 biennial budget.  Regent Davis pointed out that priority

setting must be based on a foundation of facts and that comments about

declining affordability and access are at variance with the facts.  Regent

Hirsch felt students were not adequately involved in the quality reinvestment

process at all institutions; however, he was pleased with the contents of the

report.

 

The Board offered thanks to UW System Administration, chancellors and

campus governance groups for bringing this important plan to fruition.

 

Adoption by the Board of Resolution 6000, which was approved unanimously

in Committee, was moved by Regent Gelatt, seconded by Regent Steil and carried

unanimously.

 

Resolution 6000:  That, upon the recommendation of the Acting President

of the University of Wisconsin System, the Board of

Regents accepts the report of the Quality Reinvestment

Plan (Report on Base Resources) and authorizes its

transmittal to the Governor and Joint Committee on

Finance as directed by section 36.47, of the Wisconsin

Statutes and section 9157 (5H) 1991 Wisconsin Act 39.

 

The Board expresses appreciation to the Acting

President, Chancellors, and to faculty, staff, and

students who participated in this difficult assignment

to meet urgent needs to sustain the quality of

education at UW System institutions.

 

The Board further directs the Acting President to

implement the 1992-93 plan as approved and to report

to the Board on its first year implementation in June,

1993.

 

-

 

 

UW-Madison Federal Research Award Presentation

 

Graduate Dean John Wiley made a presentation to the Committee on federal

support at UW-Madison, which indicated that awards for federal research have

increased over the past ten years.  UW-Madison's national ranking has remained

relatively stable, going from eighth in 1980-81 to ninth in 1988-89 in federal

support and remains essentially tied for second in total support.  UW-

Madison's share of the total federal research dollars awarded to the top 20

federal research universities dropped from 2 percent in 1980-81 to 1.8 percent

in 1988-89 due to an increase in the number of institutions competing for

research dollars.

 

Regent Lyon noted that UW-Madison would rank even higher in federal

research support if Department of Defense classified research monies, which

are not accepted by UW-Madison, were excluded from the total.

 

-

 

Review of Recurring Reports

 

In its review of recurring reports, the Committee recommended that the

sick leave usage report be sunset once all institutions are in compliance;

that the transaction report be removed from the investment transactions and

performance report; that frequency of the report on the competition policy be

changed from an annual to an as-needed basis; that the trademark licensing

report be changed to an as-needed basis; that the report on implementing the

Supplies and Expense Task Force recommendations be sunset in July 1993; and

that the proxy voting report be eliminated.

 

-

 

Audit Subcommittee

 

Internal Audit Director Brunkow summarized the audits in process, and

reported that the federally required Corporation for Public Broadcasting

audits have been completed at UW-Milwaukee and UW-La Crosse; that the

Legislative Audit Bureau completed its audit of UW-Madison indirect cost pool

determinations; and that the LAB audit of 1990-91 financial statements and the

A-133 audit are still in process.

 

The Audit Subcommittee adjourned into closed session for preliminary

investigation of specific personnel problems as permitted by s. 19.85(1)(f),

Wis. Stats.

 

 

  - - -

 

 

REPORT OF THE PHYSICAL PLANNING AND DEVELOPMENT COMMITTEE

 

Regent Gundersen, Chair, presented the report.

 

Consent Agenda Items

 

Presenting Resolutions 6001-6011, which were approved unanimously by the

Physical Planning and Development Committee, Regent Gundersen moved their

adoption by the Board as consent agenda items.  The motion was seconded by

Regent Barry.

 

Regent Gelatt inquired about the fiber optic backbone to be installed

pursuant to Resolution 6008, cautioning that this technology is changing

rapidly.  Vice President Brown will provide information on that point.

 

Regent Gelatt asked if an environmental audit had been done on the land

involved in Resolution 6009.  Replying in the affirmative, Vice President

Brown said there is no contamination on the land being given to the

university.

 

Regent Davis asked if there is a standard environmental protocol on land

acquisitions, and Vice President Brown replied in the affirmative.

 

Regent Hirsch inquired as to any need for future renovations to the

facility involved in the project.  Vice President Brown replied that no future

renovation will be needed for the existing building but that a federally

funded addition is anticipated.

 

Regent Nicholas asked about progress made in accumulating the $10

million contribution from Vilas Trust net income for the

Biotechnology/Genetics facility.  Chancellor Shalala replied that accumulation

of the $10 million was essentially completed, a year ahead of schedule.

 

Put to the vote, Resolutions 6001-6011 were adopted, with Regent Steil

abstaining.

 

UW Centers-Waukesha County: Authority to Execute Easement

 

Resolution 6001:  That, upon the recommendation of the UW Centers

Chancellor and the President of the University of

Wisconsin System, authority be granted for the

President or Vice President and Secretary or Assistant

Secretary of the Board of Regents to execute a utility

and access easement of approximately 0.25 acres of

land for the  UW Center-Waukesha County to enable a

private developer to build a retirement center on

adjacent private land.

 

UW-La Crosse: Authority to Construct Fine Arts Center Roof Replacement

Project

 

Resolution 6002:  That, upon the recommendation of the UW-LaCrosse

Chancellor and the President of the University of

Wisconsin System, authority be granted to construct a

Fine Arts Center Roof Replacement project, for an

estimated total cost of $259,000 of General Fund

Supported Borrowing - Facility Repair and Renovation

Funds.

 

UW-Madison: Approval of the Design Report and Authority to Construct the

Biotechnology/Genetics Center

 

Resolution 6003:  That, upon the recommendation of the UW-Madison

Chancellor and the President of the University of

Wisconsin System, the Design Report be approved and  

 authority granted to construct the 1991-93

 Biotechnology/Genetics Center at an estimated total

project cost of $27,745,000 ($5,045,760 of 1991-93

General Fund Supported Borrowing - WISTAR Funds,

$10,000,000 Gift Funds, and $12,699,240 Federal

Funds).

 

UW-Madison: Authority to Construct a Charter Street Heating Plant Boiler

Repair Project

 

Resolution 6004:  That, upon the recommendation of the UW-Madison

Chancellor and the President of the University of

Wisconsin System, authority be granted to construct a

Charter Street Heating Plant Boiler No. 4 Superheater

Tube Replacement project, for an estimated project

cost of $350,000 of General Fund Supported Borrowing -

Utilities Repair and Renovation Funds.

 

UW-Madison: Authority to Construct a Camp Randall Stadium/Field House

Electrical Power Improvement Project

 

Resolution 6005:  That, upon the recommendation of the UW-Madison

Chancellor and the President of the University of

Wisconsin System, authority be granted to construct a

Camp Randall Stadium/Field House Electrical Power

Improvement project at an estimated total project cost

of $180,000, using Program Revenue Supported

Borrowing.

 

UW-Platteville: Authority to Construct Pioneer Tower Plaza and Roof

Replacement Project

 

Resolution 6006:  That, upon the recommendation of the UW-Platteville

Chancellor and the President of the University of

Wisconsin System, authority be granted to construct a

Pioneer Tower Plaza and Roof Replacement project, at

an estimated cost of $235,250 of General Fund

Supported Borrowing - Facility Repair and Renovation

Funds.

 

UW-Stevens Point: Authority to Amend Scope of Work, Approval of Design

Report, and Authority to Construct Residence Halls Renovation - Phase I

 

Resolution 6007:  That, upon the recommendation of the UW-Stevens Point

Chancellor and the President of the University of

Wisconsin System, authority be granted to reduce the

scope of work, the Design Report be approved

reflecting this reduced scope, and authority granted

to construct the Residence Halls Renovation - Phase I

project, at an estimated cost of $2,200,000 of Program

Revenue Supported Borrowing.

 

UW System: Design Report Approval and Construction Authority for

Nine-Campus Fiber Optic Backbone Project

 

Resolution 6008:  That, upon the recommendation of the UW-Eau Claire,

UW-Milwaukee, UW-Parkside, UW-Platteville, UW-River

Falls, UW-Stevens Point, UW-Stout, UW-Superior, and

UW-Whitewater Chancellors and the President of the

University of Wisconsin System, the Design Report be

approved and authority granted to construct the 1989-

91 Nine Campus Fiber Optic Backbone project for a

total project cost of $5,162,000 ($2,162,000 of

General Fund Supported Borrowing - Telecommunications

Funds and $3,000,000 of General Fund Supported

Borrowing - Utilities Repair and Renovation Funds.)

 

UW-Superior: Willingness to Accept a Gift of Land and a Building and

Authority to Remodel a Portion of the Building as the Lake Superior

Environmental Health Laboratory - Phase 1 Project

 

Resolution 6009:  That, upon the recommendation of the UW-Superior

Acting Chancellor and the President of the University

of Wisconsin System, the Board expresses a willingness

to accept a gift from the Superior Water, Light and

Power Company of approximately 2 acres of land,

including a building, located at 1801 East Second

Street in the City of Superior and grants authority to

remodel a portion of the building as a UW-Superior

Environmental Health Laboratory-Phase 1 project at a

total estimated cost of $548,700 ($250,000 UW-Superior

1991-92 Operating Budget Funds, $50,000 Douglas County

Funds, $50,000 City of Superior Funds, and $198,700

General Fund Supported Borrowing - WISTAR Funds).

 

UW-Madison: Authority to Construct a Facility to House the University of

Wisconsin Hospital and Clinics Sports Medicine, Spine Center and Cardiac

Rehabilitation Programs

 

Resolution 6010:  That, upon the recommendation of the UW-Madison

Chancellor and the President of the University of

Wisconsin System, authority be granted to construct a

facility to house the University of Wisconsin Hospital

and Clinics Sports Medicine, Spine Center and Cardiac

Rehabilitation programs at an estimated cost of $7.6

million, to be funded by Program Revenue Supported

Borrowing.

 

UW-Green Bay: Authority to Issue a Request for Proposal to Provide Child

Care Services

 

Resolution 6011:  That, upon the recommendation of the UW-Green Bay

Chancellor and the President of the University of

Wisconsin System, authority be granted to issue a

Request for Proposal for a public/private partnership

for the operation and/or construction of expanded

child care facilities at UW-Green Bay.  The results of

the Request for Proposal process will be reported to

the Board of Regents.

 

   ---

 

 

UW-Green Bay Child Care Program

 

Regent Gundersen reported that prior to Committee action on Resolution

6011, a presentation was made to the Committee by Chancellor Outcalt on the

interrelationship between UW-Green Bay's child care facility and its academic

programming.  The Committee also was pleased to have several UW-Green Bay

administrators, students and the United Council President appear to share

their views regarding the university's day care program and issues they wished

to have addressed as part of the RFP process to secure a service provider.

The students were very enthusiastic about upgrading this facility.

 

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Report of the Vice President

 

Milwaukee Civic Center Project

 

Vice President Brown gave a status report on the Milwaukee Civic Center

project, pursuant to Board action in December, at which time System

Administration was authorized to negotiate a lease with an option to purchase

up to 80,000 assignable square feet of space in the Plankington Building in

Milwaukee and to explore enumeration of this project in the authorized

building program.  This space is intended to meet the programmatic needs of

UW-Milwaukee's and UW-Extension's Center for Continuing Education.  Since the

December meeting, considerable time had been spent by Chancellors Schroeder

and Boyle, by System Administration, and by representatives of the Grand

Avenue Corporation to establish the terms of an agreement which will meet the

programmatic needs for the continuing education programs and still fall within

the parameters established by the Board.  Vice President Brown also had been

in contact with Robert Brandherm, the Administrator of the Division of

Facilities Management, and had submitted a request to place this item on the

agenda for the February 13 meeting of the Building Commission.  The cost

estimate submitted to the Commission was $13.5 million, which exceeded the $12

million level set by the Board.  However, the $13.5 million figure did not

include a deduction for the value of the present Civic Center property, which

is estimated to be $2 million to $3 million.

 

Mr. Brandherm advised Vice President Brown that Secretary Klauser

declined to put the request on the February Building Commission agenda and

that the Department of Administration will not process the request to

negotiate a lease until it is known how the UW System would intend to meet

certain conditions.  A critical condition is the DOA position that no

additional GPR funds be authorized for this project and that the UW System

must absorb any additional costs associated with lease payments, purchase,

operations, maintenance, and debt service.  This means the cost must come from

the current operating budget of the UW System or be supplemented with gifts

and program revenues.  The initial lease terms provided by the Grand Avenue

Corporation would result in costs that exceed $1.5 million per year.  Even if

the project were bond financed, the cost would be about $1 million per year.

The Committee was advised that it is not possible to raise fees to generate

that much revenue, and the prospect for reallocation of existing monies is

very doubtful in view of the $26 million Quality Reinvestment Program to

reallocate resources to needs not provided in the operating budget.

 

As an academic continuing education facility, Vice President Brown

noted, funding should come from general purpose revenues, as has been the case

for other extension academic facilities.  Without authorization to offer

assurance that funding will be available to pay the lease/purchase cost,

extensive negotiations with the Grand Avenue Corporation could not be

continued. 

 

 

In discussion at the Board meeting, Regent Gundersen stated the request

that the position of the Department of Administration on funding for this

project be communicated in writing to the President of the Board or the Chair

of the Physical Planning and Development Committee.

 

Regent Lubar commented that, while he was sensitive to the need for

fiscal responsibility, he thought the necessity of going forward with this

high-priority project was understood by all concerned. 

 

Regent Schilling asked if everything possible is being done to stay

ready to go forward if the project is enumerated by the Governor or by the

Legislature.

 

Replying in the affirmative, Vice President Brown indicated that all

programmatic work had been done and an appraisal of the property has been

completed.  However, the Grand Avenue Corporation is not willing to spend any

more money on architectural drawings for a project which may not come to

fruition.

 

Regent Hirsch stated that he had seen the current facility and agreed

that it must be replaced.  With regard to the proposed project, it had been

his understanding that the cost of $12 million set forth in December was gross

cost and did not include any subtraction of the current facility's value. 

 

Vice President Brown explained that the $13.5 million figure was an

initial estimate by the Grand Avenue Corporation and that there had not yet

been negotiations to reduce the cost.  When cost reductions and the current

facility's value are subtracted, the cost should be well below $12 million.

 

Regent Barry noted that the Board had not yet approved the project but

had authorized staff to enter negotiations.  However, negotiations could not

proceed absent approval by the Building Commission.  He was concerned the

current situation might invite legislative intervention on what should be

decided initially by the Board.  He favored at this time expression of support

for the concept, although approval could not be granted until final figures

are obtained.

 

In response to a question by Regent Vattendahl, Vice President Brown

said the project could not go forward without legislative authorization which

would have to be obtained by February 17 to be included in the budget bill.

 

Regent Nicholas commented that, although he was enthusiastic about the

project, it seems clear that no funding is available.

 

Regent Schilling commented that the Board must not acquiesce in the

concept of funding capital projects from the operating base.  If there is

need for an instructional building, it should be financed with general

obligation bonds or a lease arrangement approved by the Building Commission.

 

Regent Flores cautioned against proceeding further without complete

information on financing questions and alternatives.

 

Regent Gelatt's understanding of the Board's December action was

approval of the concept and authorization to negotiate the details.  No final

approval was intended.

 

Regent Gundersen noted that considerable information had been presented

to the Committee about the proposed project.  More cost data could be

presented, but that seemed futile if funding could not be obtained.

 

Regent Lubar characterized the project as a desirable and necessary one.

He thought discussions should proceed with the Department of Administration on

possible alternatives for moving forward.

 

Vice President Brown noted that the Department of Administration would

not proceed with lease negotiations until the question of how to fund the

project is answered.

 

Regent Lubar asked about the timing of the project in view of missing

the February budget deadline.

 

Vice President Brown replied that the project would be postponed at

least a year and would have to be part of the next capital budget.  Whether or

not that timing would be acceptable to the Grand Avenue Corporation was an

open question.

 

Regent Hirsch noted that the December resolution authorized advancing

the concept and exploring enumeration.  It did not directly ask for

enumeration.  He asked if the details were worked out sufficiently to send a

positive request to the Building Commission.

 

Vice President Brown replied that all the space needs had been

identified and work had been done with the Grand Avenue Corporation on initial

cost estimates.  The Department of Administration had been asked to put the

project on the Building Commission's agenda so that negotiation of the lease

could be authorized, and materials had been submitted to the DOA leasing

office.  No more could be done pending resolution of the funding issue.

 

It seemed to Regent Hirsch that too much space was being allocated to

office and administration use and too little to instructional use.  There were

many other details that remained to be worked out.

 

Regent Flores felt that while there was agreement on the need to replace

the current facility, the Grand Avenue proposal may have been forwarded too

quickly.  He asked if other alternatives had been explored.

 

Vice President Brown replied that other alternatives had been examined

over the past six years by two different committees appointed by the

UW-Milwaukee Chancellor.  Options reviewed included a new building on the

current site and a joint venture with the city, county, state and private

sector.  The alternatives had been discussed with the Physical Planning and

Development Committee.

 

Regent Schilling noted that the Vice President and the two Chancellors

had forwarded the proposal after lengthy deliberations because it appears to

provide the much needed solution to a long-standing problem.  The Physical

Planning and Development Committee had reviewed the details of the proposal

and agreed with the recommendation to proceed.  The December resolution had

advanced the project toward enumeration, with details to be supplied in the

interim, and those details had since been provided.  He urged continuation of

work on the project and efforts toward enumeration.

 

 Regent Hirsch noted that no tentative budget had been provided other

than a single cost figure.

 

Regent Barry felt there was sufficient information to request

enumeration.  More detail would be presented to the Board and Building

Commission for approval later.  He favored affirming a request for enumeration

based on the information now in hand, and commented that the DOA requests for

information should be answered in line with the standing policy for financing

academic facilities with general obligation bonding.

 

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Report on Campus Planning Efforts

 

The Physical Planning and Development Committee heard a presentation

describing the positive results produced by intensive campus planning efforts

at UW-Eau claire, UW-Stout and UW-Whitewater, and the impact on the next

capital budget of these planning efforts.  The intent is additional planning

presentations in the coming month.

 

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Review of Recurring Reports

 

A first review was conducted of recurring reports required to be

provided to the Physical Planning and Development Committee.  The Committee

concurred with Vice President Brown's recommendations, but recommended that

the monthly "checkbook" report be eliminated rather than prepared quarterly.

 

 

  - - -

 

 

REPORT OF THE EDUCATION COMMITTEE

 

The Committee's report was presented by Regent Davis, Vice Chair.

 

Presenting Resolutions 6012-6019, which were approved unanimously by the

Education Committee, Regent Davis moved their adoption by the Board of

Regents.  The motion was seconded by Regent Vattendahl and carried

unanimously.

 

Report on Dissemination of Information of Sexual Assault and Sexual

Harassment

 

Resolution 6012:  That, pursuant to 1989 Wisconsin Act 177, s. 36.11(21),

 Wisconsin Statutes, the Board of Regents accepts the

attached Report on the Implementation of the Act and

directs that the report be submitted to the Chief

Clerk of each house of the Legislature for

distribution to the appropriate standing committees

under s. 13.172(3).

 Report on Supplemental Bovine Somatotropin (BST) Study

 

Resolution 6013:  That, upon recommendation of the Chancellor of the

University of Wisconsin-Madison and the Acting

President of the University of Wisconsin System, the

Board of Regents accepts the Report on the Status of

Research to Determine Effects of Supplemental Bovine

Somatotropin (rBST) on Efficacy and Animal Health for

submission to the Governor and to the Chief Clerk of

each house of the Legislature, pursuant to 1989 ACT

352 [s. 36.25(32)(f)].