Trustees Present: President Frederick F. Eichhorn Jr., Vice President Stephen L. Ferguson, Stephen A. Backer, Jamie Belanger, Cora S. Breckenridge, Peter Obremskey, Patrick A. Shoulders, Sue H. Talbot, Sacha I. Willsey.
University Representatives: Interim President Gerald Bepko, Vice Presidents Sharon Stephens Brehm, J. Terry Clapacs, Michael McRobbie, Judith G. Palmer, Charlie Nelms, George Walker, University Counsel Dorothy Frapwell, Treasurer Steve Miller, Secretary of the Board Robin Roy Gress, Chancellors Bruce Bergland, David Fulton, Ruth Person, Sandra Patterson-Randles, Una Mae Reck
Attendees: Adam Aason, Rosa Ayers, Charles Bantz, Barb Berggoetz, David Black, Mark Bryson, Carl Bower, Fred Cate, David Clemmer, Lynn Coyne, Robert Eno, Pam Faulkner, Mary L. Fisher, Jaret Fishman, Deborah Gacsy, Gloria J. Gibson, Blair Greenberg, Gerardo Gonzalez, Bill Gray, Linda Hunt, Bruce Jacobs, Jane Jankowski, Steve Keucher, Julie Knost, Art Lindeman, Dick McKaig, Sara McNabb, Barry McGee, Bob Meadows, Susan Moke, John Paflas, Jeff Palmer, Sandra Petronio, Bill Plater, Dan Rives, Cory Schouten, William Stephan, Paul Sullivan, Nicholas Tatum, Barry Thomas, Richard Thompson, James Tinney, Marilyn Vasquez, Juhi Verma
Trustee Eichhorn: Welcome, we are pleased that you are all here today. We also welcome Interim President Bepko.
Unanimously approved on a motion duly made and seconded.
Remarks by Interim President Gerald L. Bepko
Interim President Bepko: Thank you Trustee Eichhorn. I’m honored to be here in this role, and I want to thank you and thank everyone for the warmth and friendship that’s been extended to me. Thanks to everyone for helping to continue the momentum that was built up in the Brand years. Thanks for helping to continue to build the teamwork that’s been a hallmark of IU, and so important to our future, and thanks everyone for pitching in and helping us to prepare for the recruitment of a new president. This institution, which is a great university already, will be improved, I believe, by the proposals that we are going to make here today.
Introduction of the IUPUIUIPUI Chancellor - designate
Before I address the appointment of a new chancellor for IUPUI, I’d like to take a moment to say a word about Bill Plater, who is serving as acting chancellor. He is doing a superb job, and in the last couple of weeks has bent over backward to contribute to a collegial spirit at IUPUI and establish a new era in campus administration. Prior to this, he has spent 15 years providing great leadership for the academic programs at IUPUI, and many of IUPUI’s proudest features are a result of his excellent work. It would be inappropriate to introduce the new chancellor without acknowledging all that Bill has done for IUPUI and Indiana University. Thank you Bill.
Now I’d like to keep you in suspense for just another moment and introduce the spouse and partner of the person who we will propose for the appointment as chancellor. We were delighted to be able to recruit Sandra Petronio as a member of the faculty for Indiana University at IUPUI. She’s been on the faculty at the University of Minnesota, Arizona State University and, most recently, Wayne State. She’s a professor of communications with a special emphasis on family and health communications, and she’s going to join us as a professor of communications studies. She will spend half of her time in the Center on Bioethics in the School of Medicine at IUPUI. I’m really proud to be able to introduce Sandra to you for the first time.
Now, we proudly recommend to you the appointment of Charles R. Bantz. Charles has been a member of the faculty at the University of Colorado, University of Minnesota, Arizona State and Wayne State University. He is a very distinguished faculty member, but in recent years he has become equally distinguished as a university executive, serving as department chair, vice provost, and most recently, senior vice president and provost of Wayne State University. Wayne State, incidentally, is one of the institutions that the trustees have approved as an IUPUI peer institution, which we use for benchmarking purposes. They always say that if you’re going to recruit a new executive, the best thing to do is go to your peer institutions and recruit the best people from them. That’s exactly what I think we’ve done, and I’m pleased to be able to introduce to you chancellor-designate for IUPUI, Charles R. Bantz.
Trustee Eichhorn: I would entertain a motion for the election of Charles R. Bantz.
Unanimously approved on a motion duly made and seconded.
Trustee Eichhorn: Charles, congratulations, we are very pleased to have you with us.
Update on the IU Bloomington Strategic Planning Process by Chancellor Sharon Stephens Brehm and Prof. Fred Cate
Interim President Bepko: We have another exciting development, this time from the Bloomington campus. As you all know, there’s been a Strategic Planning Process underway now for several months. This is a planning process that we believe will lead to a new era of greatness for Indiana University Bloomington, and Chancellor Sharon Brehm and Professor Cate, the chair of the strategic planning committee, are here to give us an update.
Chancellor Brehm: Thank you very much. The report you’re about to receive is the result of extensive discussion and extremely hard work by many people. I need to thank the deans, the BFC Long Range Planning Committee, BFC President Bob Eno, President Brand, Interim President Bepko and many, many, many other people. Initially, our conversations were very informal conversations, but over the summer they became more formal and more precise. Obviously my greatest thanks is for the Strategic Planning Committee. In your packet you will find a list of the members, and you will see that they are all very highly respected, highly credible individuals. In fact, it amazed me that they agreed to serve on the committee. They have many other things that they need to do, but they understood that this was a really important moment in the history of the institution. I would like to single out the chair. When thinking about the chair of this committee, it occurred to me we needed someone who had the patience of Job and the wisdom of Solomon. We also needed someone who had a very good sense of humor. What we got -- and we were fortunate to get him -- was Fred Cate, an outstanding legal scholar. I think he does have Job- and Solomon-like qualities, and he has a delightful sense of humor.
Why do strategic planning? I think for three reasons. One, the most commonly cited reason, is to use your resources wisely. Just as important is the creation of a sense of community. And finally, you will see that a great sense of identity comes out of this process; a better definition, if you will, of the Bloomington campus. I think people were pleased with this, and excited to see this unfold.
Fred Cate: Thank you very much. Mr. President, Trustees, you have before you the strategic plan, the first of three reports that we have been asked to do as part of the strategic planning process. You and the campus saw this report in draft form in December. In response to that draft, we received many comments from the campus. We hosted a public forum to provide an opportunity for an open discussion of the plan, and we have certainly considered all of the comments we received; in fact, the documents you have now reflects many of those.
Let me outline what we set out to do, and what the document in front of you covers. I would note that you have a copy of the plan, along with several sheets that highlight the key points.
The committee first met September 30, and 13 times since then. It saw itself as trying to fulfill four tasks, one of which was to draft a mission and value statement for the campus. In that statement we wanted to not merely mimic the language of many other mission statements, but rather to really define what made this campus distinct both within the IU system and among other universities. I won’t read the entire statement now, but I would like to go over the first two sentences: "As the premier residential campus of a public research university, Indiana University Bloomington advances knowledge and learning to serve the changing needs of society. Indiana University Bloomington is responsible to the public for stewardship of all of our resources and for using those resources for the public good."
We then articulate the values that we believe characterize this campus in trying to fulfill that mission. The mission-statement process actually took much longer than we expected. I think we thought we might complete that very quickly, but the process of identifying what made the campus noteworthy and distinctive was an effort which really took the entire fall semester and ran through many of our activities.
The second task we undertook was one we had not specifically been charged with. It rapidly became clear to us that before focusing on academic priorities we needed first to articulate some general broad themes, which we thought worthy of note even though they were not focused enough or strategic enough to be academic priorities. We thought of these themes as not only important in future determinations about which proposals within those academic priorities would be funded, but also in all of the campuses activities. These are themes which we believe run through really virtually everything the campus does. Again, I won’t read the entire list to you, but let me give you several examples.
One is enhancing undergraduate education. That’s not something we could capture in any single academic priority, but is something that runs through all of the priorities. If each of the parties does not serve that purpose they’re not appropriate priorities in our view. Other themes are building diversity and ensuring accountability to make certain that the investment of these Commitment to Excellence funds are measured as to whether they achieve their desired purpose. The Commitment to Excellence has caused much comment, and prompted thinking big and taking risks. The notion of moving beyond small incremental steps to really bold initiatives struck us an opportunity to do something that would make a difference in the life of the campus.
Third, when we turned to the academic priorities, they occupied much of the past four months. I might say just a word about the process by which we used to identify these priorities. Our goal was not to simply identify financial need and try to meet it. We found so much financial need in the presentations that were made to the committee, and in our discussions and in the reports and documents that we reviewed, that it quickly became clear that the Commitment to Excellence funds would be nothing but a drop in the bucket if we tried to use them solely to meet important needs. Instead we focused on places where those funds could be invested to make a strategic difference in the life of the campus; to build on excellence that already exists in a way that would affect the life of the campus not just to build silos of excellence but to expand the quality of the campus as a whole.
There were many ways in which this might be achieved. One, of course, had to do with leveraging funds. If investment in an area would make it possible to then obtain additional funds, that investment might be thought of as strategic. We also thought in terms of not just the research life of the campus or even just the undergraduate educational life, but also the community as a whole. As just one example, we focus on the priority on the arts, on the music school, something which is not merely distinguished and itself has a reputation of international stature, but which improves the quality of life for everyone, even people who are not part of the university.
At the end of our deliberations we identified five areas of academic priority: life sciences; applied sciences and information technology; interdisciplinary initiatives involving the liberal arts; the arts; and finally, international programs and curricula.
Finally, we looked at the review process by which we will recommend to the chancellor that the Commitment to Excellence funds be distributed. We were not asked, and we were grateful for that, to make any specific recommendations about where the money itself goes, but rather to identify a process by which others to come after us could make those decisions, to evaluate proposals, to make recommendations to the chancellor and to the Trustees. That review process is laid out in detail; I will not belabor it with you now, other than to say that one of our major goals in that process was to make sure that the proposal generating and review process was closely integrated with the academic life of the campus, with the deans, with the systems and processes that already exist, rather than as something separate that might be seen as competing with other initiatives on the campus.
Let me conclude by noting just two things. One, we have greatly benefited from the support of the campus administration and the many comments we have received, particularly the response from students, which we have found enormously helpful in that it gave us a different perspective. And finally I would conclude by noting that the committee itself has worked enormously hard, a real commitment not just of energy but of real dedication, of talent. When the chancellor asked me to chair this committee I thought of every reason I could possibly decline. She wouldn’t accept any of those so I came up with what I thought was the certain one to work, which is I said I thought the committee was too big, and I thought the time frame too little. I thought if I went right for the jugular she would go elsewhere. She said she disagreed with me, and I think that time has proved that she was right. This committee has come together remarkably, for 25 people from such diverse backgrounds, and given a very short timeframe, we have seen more of each other in some months than we have seen of our families. I appreciate very much your interest in this process, and if I can answer questions now or at any time in the future I hope you’ll share them with us.
Trustee Backer: Not only was I pleased with the entire document, but I was very pleased to see that you put something about K-12 in here. It’s very important and I’m glad to see that you put that in.
Prof. Cate: I appreciate that and I would certainly credit the fact that we have the dean of the School of Education on the committee who helped keep our eyes firmly focused on that goal.
Trustee Shoulders: Wonderfully done. I congratulate you on your work.
Trustee Ferguson: I especially appreciate how difficult it is to set priorities across the campus. I think you’ve laid a great foundation here.
Trustee Talbot: I concur with everything that’s been said, and I am very pleased to see this document. The most difficult part of a document like this is putting it into implementation and reviewing it systematically, and we look forward to being as supportive as we can possibly be as you go through that process, both implementation and review.
Prof. Cate: Thank you very much. Let me say that the committee welcomes that input. We often become overly focused on something; it’s very helpful when people from different perspectives, and particularly from the Trustees, help raise issues or perspectives that we may not have thought of. So at anytime throughout this process -- we sit for another 11 months -- there will be many opportunities for that input.
Trustee Eichhorn: How often will you meet? Or have you decided yet?
Fred Cate: Up until this point we have averaged a meeting just about every ten days. I think that will slow down just a little bit now. When this report was approved by the committee on Monday night, five days before the chancellor’s deadline, I would point out, the committee felt an enormous sigh of relief and a sense of we’re done now and I pointed out that we are going to take a week off without a meeting but we would be meeting of course the second week of February again so I think we will be meeting twice monthly.
Trustee Eichhorn: It’s an impressive work product and thank you both for being here and presenting it.
Fred Cate: Thank you very much.
Chancellor Brehm: Again, thanks to all of the members of the committee, this is an extraordinary committee.
Trustee Eichhorn: Very good.
Interim President Bepko: I agree with President Eichhorn. It’s an excellent project and it gives everyone extraordinary hope for the future and thank you very much.
Fred Cate: Thank you and frankly I should have added because one of the things that we have appreciated is that President Bepko came into a process that he somewhat inherited and has been enormously helpful and supportive in assuring us that the change in Presidency was not going to influence the outcome of this. So we are very grateful for his as well as the chancellor’s support throughout this. Thank you.
Trustee Eichhorn: Thank you.
Remarks from Robert Eno, University Faculty Council
Bob Eno: Good afternoon. The University Faculty Council has not met since the last time I appeared before you. A number of matters are pending, however, and I’d like to brief you on those. Seeing that I’m following on Fred Cate and on Sharon Brehm’s presentation, I think I’d like to make a comment on that.
This committee really is quite extraordinary. I don’t think I’ve ever seen a committee burdened with such a task, complicated by the fact that they were going to have to exclude a great many of the activities on campus in order to identify strategic priorities. They not only fulfilled their task, but they did so in such a way that when we had an open forum and invited the campus to comment, at the close of that forum the people in that room all stood up and applauded the committee for what they had done -- even the people who felt that their area hadn’t quite appeared, who were hoping for more personally or professionally, they were already thinking of how they were going to move themselves towards the priorities that have been delineated. Really, it is quite extraordinary, and if you read this document over a number of times I think you will appreciate the depth of intellectual texture that goes into it. It is a truly fine academic document. That is could be produced so fast by a group of people who have not previously met as a committee astonishes me.
In other matters, we’ve formed a subcommittee of the UFC Agenda Committee to address the issue of reviews of university administrators and academic administrators, in connection with the goal of retiring the retirement policy and devising a review system for chancellors, vice chancellors and academic officers. Our goal is to create a system of such integrity and promise that the trustees, faculty and administrators will be comfortable eliminating mandatory retirement. That subcommittee has met, and we had already established some foundations. We set up a clearer agenda of how we want to proceed, and we’re going to be talking further with our UFC Agenda Committee. When the UFC meets on February 11, we’re going to begin to get the entire council more involved in these discussions to alert them this is coming up. We hope to be able to complete a substantial amount of this work during this term. That’s our goal, and it’s much shorter than the original five-year window that we discussed last spring when we turned to this issue in connection with the retirement policy.
The other issue that I’d like to mention is the issue concerned with the ongoing PeopleSoft project. The faculty has been very involved on a number of campuses, particularly the two large campuses, dealing with the implications of the conversion to PeopleSoft on the student’s records. As you all know, PeopleSoft has enormous potential but does not have maximum flexibility in the areas that we traditionally have highlighted in our legacy systems. Certainly on our larger campuses we’ve become quite well-known for our student records. We have had outstanding registrar’s offices that devised wonderful systems that we’ve all become accustomed to. One of the things we’ve had to wake up to, and it hasn’t been a very pleasant awakening, is that some things that we thought were simply baseline, turn out to be unique to Indiana because of the talent of our registrar’s office. Now we no longer have those things. The faculty have been charged with advising the student enrollment systems and the SIS project team on its view concerning the cost benefit of retaining certain policies and adapting the PeopleSoft system to fit the policies as opposed to deciding that the policies can be adapted in light of the costs that would be involved with investing further and tinkering with PeopleSoft. It’s a complex and divisive process because faculty are very attached to these sorts of policies, such as forms of transcripts, grade forgiveness policies, enrollment patterns and so forth.
We have been preparing for this sometime, but I’d really like to highlight is this message. Throughout this period of time in which the SIS team has been analyzing the PeopleSoft project, determining how they can invent workarounds that will, at very low cost, allow us to do the things that PeopleSoft itself can’t do, and costing out all the options for modifying PeopleSoft in order to accommodate policy, they’ve been able to solve problems far beyond any of the predicted levels. They’ve been responsive to faculty’s initial response to their own questions about cost benefits, and where faculty really thought things were important. As we come into the decision-making process, which begins in February, we find that almost all of the decisions have already been removed from the table by the work of the SIS project team. They have been absolutely spectacular, both in the degree to which they have been attentive to academic issues, they themselves have focused primarily on technical issues and the talent with which they’ve solved these problems. I think we’re going to wind up with exactly one problem area of very small magnitude that we have to deal with. We’re all geared up to deal with these issues, but our SIS team has been spectacular in whipping the things off the table just as we sit down to have a fight. So I’d like to commend them and say that it’s exhausting to do this, they’re exhausted working with us, and we’re a little exhausted working with them, but I personally am filled with admiration at what they’ve been able to accomplish so far.
Interim President Bepko: I think the appropriate person, maybe Chancellor Brehm could do this, is to get a list of the wonderful SIS people Bob referred to, and circulate that list to the Board of Trustees.
Remarks from William Gray, President IU Student Assn.
Interim President Bepko: Next, we have the President of the IU Student Association, William Gray.
William Gray: Good afternoon. As the semester begins, we’re looking at what we did last semester, and at what worked, what didn’t work. We did a very large pilot program with The New York Times, which was quite successful, so we think we’re going to continue that. We’d also like to commend Dean McKaig for his new work on the alcohol-abuse policy. We do feel that it is not the goal of the university to punish people but to educate them, and by kicking somebody out who has an alcohol problem, we’re not helping them. Through this new procedure, called the Smart Plan, we really think that a lot of kids can be helped. I have about 10 weeks left of my presidency, and we may have one or two more surprises.
Trustee Talbot: Bill, I’m continually amazed at the commitment of many of the students like yourself, who spend a great deal of time on governance issues and leadership. During break, I saw a lot of student leaders on campus, and it didn’t seem like anybody else was around. I know that you all put in a lot of time and we are very appreciative of everything you do on behalf of the students.
William Gray: Thank you very much.
Trustee Shoulders: How was your voter registration and turn out?
William Gray: We are very happy with how it turned out. We got a lot of response from different people in the state legislature asking when they could come down to talk to the students. So if nothing else we’ve got their attention. They know what we want, and know how we’re going to vote.
Good News
Interim President Bepko: Mr. President we have lots of good news, including record enrollments again this spring term. But I’d like to approach it in a thematic sense, especially in view of the fact that we’ve just celebrated Martin Luther King’s birthday and are looking forward to February which is Black History Month. We thought we should talk about the good news in relationship to Indiana University’s long-standing commitment to social justice and diversity. Vice President Charlie Nelms is here to introduce those topics. Charlie?
Vice President Nelms: Thank you President Bepko, good afternoon to each of you. I’m delighted, there is indeed good news. You know there’s talk of war, the sagging economy and all of that, and it’s easy to get depressed if you’re not very careful, but I’m an optimist, and so are all the people that I have an opportunity to work with, so we have a good new story to share with you.
Over the past five years we have worked very hard to improve the climate on all of our campuses. As an example, there is the FACET project, where we are trying to infuse diversity into the curriculum. We believe that diversity and excellence are part of the same fabric, and if we are going to be an excellent university we must be a diverse university. When our students leave here, they should know how to live more effectively and lead more effectively in an increasingly multicultural environment. So you are going to be hearing two major presentations today. The first is from Interim Chancellor Bill Plater at IUPUI, talking about a project that has enormous implications, not only for Indiana University but for higher education as an enterprise.
Interim Chancellor Plater: Thank you Vice President Nelms. First of all let me thank President Bepko for his very kind and gracious remarks, and to all of you for your acknowledgement. If I have accomplished anything at IUPUI in the years that I have been there it’s because Chancellor Bepko has established such an effective team of people who work very well together. Our vice chancellors, our deans, our faculty leadership, are a team that is eagerly anticipating the arrival of Charles Bantz, and a team that knows it has a very solid foundation on which to build in the future. Indeed, one of most important parts of this foundation is work that began under Chancellor Bepko’s leadership, two elements of which I’d like to mention today.
One is a commitment to IUPUI’s accountability for the things that it does, and for the things it says it will do. This is taking the form of the development of a series of performance indicators that can be easily understood by both the public and our own internal community. We’ve referred to these key indicators as "dashboard indicators" to suggest that there are a few items, and that if we look at them very carefully they will give us in a snapshot of how we are doing, and how we are meeting the goals that we have set for ourselves through the planning process.
A second element that has developed under former Chancellor Bepko’s leadership is a willingness to talk publicly about important issues, and to be very candid about them. Over the years we’ve celebrated Martin Luther King Day with a dinner; in fact, I think we have one of the oldest celebrations in the country. We had our 33rd dinner this year. At this event, the chancellor has traditionally made remarks. Initially, those comments were somewhat informal, but three years ago, the chancellor established a State of Diversity message to be delivered on this occasion for both the Indianapolis community and the university community about what we were doing in matters related to diversity.
I had the great good fortune this year to have a convergence of a these two elements into the State of Diversity message that I think you have before you. I certainly hope that as time permits you will read the text of this message.
I invite your attention to Page 5 of the brochure that has the performance indicators that are related to diversity. We have some 30 overall performance indicators, but eight of these have significance as it relates to diversity at IUPUI. In keeping with the notion of being dashboard indicators, we have adopted a way of reflecting our progress by using traffic signals, a green light to indicate that things are progressing, a yellow light to suggest caution and a red light to indicate things are not going as well as we would like and certainly as well as we should be expected to do. Of the eight indicators that you will see reflected there, we have one red light, one green light, and the rest are yellow. I think that this is a record that is certainly understandable, but a record that clearly needs improvement. I think that the important point that I want to make about what we have put in place at IUPUI is a willingness to talk about what we are doing and to continue to improve. The record here sets forth to us things that we need to pay attention to. We don’t want to let a green light turn to yellow or certainly not to red. We are committed to turning those yellow lights to green lights, and right now we’re concentrating on the red light which is a reflection of our lack of success in retaining and graduating minority students and a proportion to the numbers of which they are of our student body. As a result of the assessment here and the commitment we have made through the State of Diversity message, we have initiated now a series of actions designed over the next three to five years to turn that red light initially into a yellow light. We believe this will be very hard work and we have no illusions of how difficult it will be to make real change, but the good news part of this message to you is that we have a strong interest and commitment of deans and faculty to work especially on this area of the retention and graduation of minority students. We hope that the indicators we’re developing at IUPUI will indeed have an influence on others. We know from our North Central Accreditation review that was concluded in November that North Central believes that the indicators we’ve developed are very interesting. The review team has taken back a message to North Central suggesting that others may wish to look at the indicators in the broad realm and, we hope, especially as it relates to diversity.
Trustee Willsey: I have a question. When we talk about diversity, do we talk about racial diversity and the female population? You touched upon this earlier. Do we ever think about the members of the GLBT community as part of the diverse group that we need to advance so pay special attention to?
Vice President Nelms: Absolutely.
Trustee Willsey: How do you do that?
Vice President Nelms: Well we do it first of all by making sure that we have people in a position to advocate on behalf of those populations, and we have our coordinator who’s a part of the Dean of Students staff, Doug Bauder. He does an extremely good job helping us to stay focused there. But that’s not to say that is Doug’s job alone; that’s a job all of us must do, so we try to work collaboratively, and I think we do it well. That applies not only to GLBT students, but also to women, ethnic minorities, international students -- the whole range.
Trustee Willsey: Is that the same on the IUPUI campus?
Interim Chancellor Plater: Yes it is. In the State of Diversity message, you will find our vision for diversity at IUPUI; a statement that has been endorsed by our dean, by our faculty council. You will see major commitment there for us to create an environment for all students. (END OF TAPE).
Trustee Ferguson: I’d heard some expression of concern by members of the legislature as we increase the standards, and we refer students under your program to Ivy Tech, where you give them joint admission; in fact that might hurt our efforts in some of our diversity of the student body. When I look at the numbers that we got today, it looks like that there was in fact a continued improvement. Am I looking at those numbers right, and am I on safe ground to tell them that their concerns are not well founded?
Interim Chancellor Plater: Yes, you are, but I would just add one note that there was a brief decrease in the representiveness of the class as first-year beginning students. That’s an issue that we’ve taken very seriously and, in fact, we started a middle school program that’s designed to encourage young people -- especially those in the IPS school district -- to prepare themselves for college by informing both the students and their parents of what’s expected in high school so that they will be admitted to and succeed in college. So it’s an issue that we are taking very seriously.
One of the reasons that you see the number that you do is that in our referral of students to Ivy Tech we have worked very closely with Ivy Tech to make a pathway back to IUPUI, and we now have increasingly large numbers of students transferring to IUPUI after beginning at Ivy Tech. Those students are coming in exactly the same percentage as they have been admitted to Ivy Tech. In the case of the Indianapolis campus, that’s roughly a 20% to 25% African-American student body, and that’s about the same ratio of students that are coming, some of them transfer students. So I think the program that we’ve developed in cooperation with Ivy Tech is serving the interest of the community well, and also insuring that we provide students access and have a diverse student body at IUPUI.
Trustee Ferguson: So our first-time full-time student beginners are, in fact, the numbers are maintaining?
Interim Chancellor Plater: We had a slight dip, and they are now coming back because of the efforts we are making to recruit and inform students about opportunities at IUPUI. Overall they continue to go up every year, largely because of the increase in the transfer students. But I think you would be safe in saying that we are making progress for both beginning students and with the transfer students, both categories of students are increasing the number of minority students.
Trustee Ferguson: How much of a dip did we see?
Interim Chancellor Plater: It was relatively small, probably on the order of 100 students in a one- to three-semester period. Many of them apparently have gone to Ivy Tech and will eventually come back to IUPUI.
Trustee Breckenridge: Chancellor Plater, I want to thank you for the kind invitation to the Martin Luther King dinner program. It was a wonderful occasion, and I want to commend you and IUPUI and President Bepko because this has been an ongoing event for the past 33 years, and is a wonderful event for the entire community, the faculty, the staff, the students.
Interim Chancellor Plater: We were very delighted to have you. Our speaker this year was the vice chair of the NAACP national board of which Trustee Breckenridge is a member, so we were happy to provide an occasion for a reunion.
Vice President Nelms: It is now my pleasure to call upon Mark Bryson, our diversity educator on the Bloomington campus, and Barry McGee, who is with the office of residential programs and services, to tell you about a very special program. We all seem to be very uncomfortable talking about race, and what we are trying to do is to help people talk about the issue in a comfortable kind of way and move out of their comfort zone.
Barry McGee: Thank you. We’re excited to be here today to share a little good news about a program that we’ve been working on for the past three years at IU Bloomington. This program grew out of a series of study circles that were being held in our community. At that time, there was some unrest on campus because of an event that had happened with one of our Greek fraternities, and because of the untimely death of Won Joon Yoon. Many of us also realized that while we have lots of opportunities for some superficial contact between people of different racial backgrounds, there wasn’t a lot of opportunity for honest in-depth dialogue. Finally, we realized that for some students, racism was simply invisible, and for others there was a misunderstanding of how it is perpetuated and what one might do in their own lives as well as at the institutional level to combat it.
Thus was born Conversations on Race. The success that we’ve had over the past three years is due in part to the kind of structure that we created, which provides a very safe environment and allows participants to open up and to ask some questions very honestly. We have also provided balance and diversity within each of the groups, and we spend a lot of time selecting co- facilitators and trainers. The array of people who have taken the opportunity to work with us as co-facilitators has been marvelous -- everyone from IUPD officers to faculty to deans and community members as well as students. These are students who are willing to give up not only some of their time for training, but then 10 hours of their time to participate in each one of these little groups. We also invite faculty and staff to come in to look at our curriculum each year, and to give us feedback.
I want to thank the three organizations that really have been the home base and also provided the funding for this program: The Office of Multi-Cultural Affairs, Residential Programs and Services, and the Commission on Multi-Cultural Understanding.
Mark Bryson: Barry has shared with you why we got started and how it’s structured. I’d like to give you a few more details. There is the five-week core course, Conversations on Race, which Barry just described. We have also developed an eight-week course in the School of Education, and we have a six-week course through the College that’s offered to the Groups program because we feel this is an outstanding opportunity for them to develop cross-cultural cross-racial communications skills.
Conversations on Race is still in its infancy. We now have pilot programs going on in the Greek organizations, in the School of Business and in the University Division. We’ve invited three students, Juhi Verma, Nicholas Tatum and Jaret Fishman, to talk briefly about what they’ve gotten out of the program.
Nicholas Tatum: I’m a junior and a general studies major. Prior to attending the university, I had been curious about the program after hearing about it from my father, who participates as a co-facilitator. Several other students also recommended it highly. I really had hoped to participate, and learn about people from other cultures and backgrounds. I wanted to know how they would relate to my life and what I’ve been through, and I have been able to do that. Last year I participated as a volunteer in the smaller groups, and this semester I’m in the eight-week course. I personally get a lot out of it. I don’t consider myself a judgmental person, but I can be from time to time, and I think that this program has really helped me overcome that.
Jaret Fishman: This program has been one of the most influential aspects of my college education. I’ve been involved with Conversation on Race since it’s inception in my freshman year. I’m a senior now, and all four years I’ve taken part in the Conversation on Race. What have I learned? Essentially, I learned about myself. I learned how to feel comfortable talking about personal and sensitive materials related to race and my identity. I was empowered to take action against prejudice and discrimination, and to feel that there is a safe haven to discuss race. I think that this kind of experience is essential in an academic environment, that we have an opportunity to discuss the topics that are essential to the core of who we are as people. And what is really important is that we all recognize that dialogue can change individuals and our society at large.
Juhi Verma: The core program was a pivotal point in my college career, and I’d like to use an analogy that explains why. If I compare my experience at IU to a walk through the forest, I’d say that my impression depends on the path I take. And when I arrive at the other side of the forest, and meet everyone else who took different paths, and share their experiences and their reactions, it gives me a better idea of the forest as a whole, as opposed to the particular path I took. That’s really what Conversations on Race is. It’s a wonderful opportunity for students to come together all over campus and have honest and open dialogue about what it is to be at IU, depending on your background and your experiences, and to share your opinions. What makes core such an asset to IU is that sometimes you don’t have these conversations with your friends, and to have them with complete strangers continuously and to build upon them really opens up your abilities to communicate with people about issues that are very personal to you.
Vice President Nelms: Thank you very much and thank you very much for giving us this opportunity. I would be remiss if I did not say to you that this program has been made possible through the Office of Affirmative Action, Dean of Student’s office, Multicultural Affairs, Residential Programs and Services and COMU. So thanks to all of those people for making it possible.
Trustee Talbot: I would like to ask the students what you are reading, and is there any one book, selection or reading that you would recommend?
Mr. Fishman: I would recommend Dr. Peggy McIntoshMacIntosh 'sWhite Privilege: Unpacking the Invisible Knapsack.
Trustee Eichhorn: Apropos of the subject that we’ve been discussing, I believe that now is a good time for trustees to revisit the university’s affirmative action policy. I call on Trustee Belanger for a resolution.
Trustee Belanger: Certainly given the discussions that we’ve just had regarding advancement of diversity at IU, and as the Presidential Search moves forward. I think it is important that we reaffirm the resolution regarding Indiana University’s commitment to equal opportunity and affirmative action that was adopted by the Board of Trustees on December 4, 1992 and was reaffirmed on October 28, 1995.
RESOLUTION OF THE BOARD OF TRUSTEES
WHEREAS, acting upon the recommendation of the Presidential Task Force on "Minority Enhancement," The Trustees of Indiana University and all University administrators desire to reaffirm our "Equal Opportunity/Affirmative Action Policy."
THEREFORE, BE IT RESOLVED THAT, The Trustees of Indiana University reaffirms the "Equal Opportunity/Affirmative Action Policy of Indiana University" adopted by this Board on December 4, 1992 and incorporated into the Indiana University Academic Handbook, the Indiana University Student Code of Ethics, and the Indiana University Personnel Policies.
In reaffirming this policy, which has served us well, we must advocate and perpetuate performance which reflect this commitment. We must and will hold ourselves accountable for our decisions and actions.
Indiana University
Equal
Opportunity/Affirmative Action Policy
Indiana University pledges itself to continue its commitment to the achievement of equal opportunity within the University and throughout American society as a whole. In this regard, Indiana University will recruit, hire, promote, educate, and provide services to persons based upon their individual qualifications. Indiana University prohibits discrimination based on arbitrary considerations of such characteristics as age, color, disability, ethnicity, gender, marital status, national origin, race, religion, sexual orientation, or veteran status. Indiana University shall take affirmative action, positive and extraordinary, to overcome the discriminatory effects of traditional policies and procedures with regard to the disabled, minorities, women, and Vietnam-era veterans.
Unanimously approved on a motion duly made and seconded.
a. Update on the Presidential Search
Trustee Ferguson: Thank you Mr. President. We are making great progress, and I’d say we are all going to be very pleased by the quality of the people who have expressed an interest to date in the position of President of Indiana University.
We received about 100 names in the open forums that were held before Christmas, and via email, letters and other contacts. All have been forwarded to consultant Jerry Baker. In addition, he has accumulated 152 names from other sources and from his own research. And names are still coming in. I received three or four yesterday, and he’s received 12, so were getting continued input from people. We encourage everybody to continue to submit names of people who would be potential nominees.
We’re seeing an interesting range of candidates. Let me give you a little bit of the flavor. Of the 152 that Baker has identified, 137 are from universities, and 15 are not now at a university although they have had some experience in academic organizations, such as the National Science Foundation. The group is mostly located within the United States but there are several from Canada and Europe. Twenty-five are women, and so far, we know that nine are African American or Hispanic. Ages range from 40 to 60, and one person who has contacted me who is 64. Eighty-one are at public universities, 56 are at private universities; 91 are either sitting presidents or chancellors; 46 are provosts or deans.
The ad is being placed in the following publications: The Chronicle of Higher Education, Black Issues in Higher Education, Women in Higher Education, Hispanic Outlook, The Chicago Tribune. The committee is to meet again on February the 14, at which time we’ll begin to discuss candidates. Committee members will begin the review of dossiers, subsequent to the February 14 meeting, and then we will meet again on March 4 and March 25, when we hope to begin selecting the candidates from those that we’ve screened down for interviews. Plans are to have the first round of interviews in April, with the Trustees to interview five to seven finalists. We hope to make our July timeframe. I think everybody’s pleased to date, I think you’ll be very pleased by the quality of the applicants.
a. Teter Quad – Renovation for Academic Support Center
Trustee Obremskey: Approval of the Board is requested to proceed with renovation of the existing dining room and kitchen space in Teter Quad for use as classrooms, academic support, offices and a lounge area. As a result of changes within the dining services, facilities in several residence halls have been closed and converted to academic support functions. The services are well received by students and heavily used throughout the academic year. The project includes reconfiguration of approximately 16,000 gross square feet; new heating, ventilating and air-conditioning; electrical and telecommunications work; and finishes. The current academic support provided in Ashtonwill be relocated to this renovated space. The total project is estimated to cost $995,000. Funding is available from the Department of Residential Programs and Services.
Unanimously approved on a motion duly made and seconded.
b. Van Nuys Medical Science Building, Chihuly Sculpture
Trustee Obremskey: Approval of the board is requested to accept the gift and the installation of a major piece of sculpture to be located in the atrium of the Van Nuys Medical Science Building. 2003 is the 100th anniversary of the Indiana University School of Medicine. It is also the 50th anniversary of the discovery and description of the double helix structure of deoxyribonucleic acid (DNA). James Watson, a graduate of Indiana University, and research colleague, Francis Creek were responsible for that discovery.
The sculpture celebrating the DNA structure will be approximately four feet wide and sixteen feet tall. It will be the creation of world-renowned glass sculptor Dale Chihuly.
His work is included in over 200 museum collections worldwide including: The Baskets; Persians and Seaforms; Chihuly over Venice; The Light of Jerusalem at the Tower of David Museum; the Victoria and Albert Museum; London’s Garfield Park Conservatory and Chicago Glass in Tacoma, Washington, was dedicated in 2002. He has been the recipient of many awards, including seven honorary doctorates and two fellowships from the National Endowment for the Arts.
The project is estimated to cost $500,000 and will be funded through an anonymous donation. (Project and Design Approval)
Unanimously approved on a motion duly made and seconded for the Chihuly Sculpture in concept only, with further discussion to come regarding the color scheme.
a. Multidisciplinary Science Building Phase I
Trustee Obremskey: The Multidisciplinary Science Building Phase I is sited between Myers Hall and Chemistry among the most historic buildings on the campus. It is proposed in the Art Modern version of Collegiate Gothic style of architecture with cut limestone used in the main facade. The building will maintain and complement the distinctive architectural style of Myers Hall. The design approach is sensitive to the scale of surrounding buildings and continues the pattern of courtyards or sheltered spaces that defines this part of the campus. Phase I is designed at 80,000 ASF and 140,000 GSF. The current program includes: The Center for Genomics and Bioinformatics, Proteomics Center, Biochemistry/Biophysics (Gill Center), Bio-organic/Biomaterial, Shared Instrumentation Facilities, administration offices, and conference space.
Trustee Obremskey: This building is a very, very important building and it’s going to be the centerpiece of our science and research effort at Indiana University. It has been the subject of some discussion and controversy among the faculty as to where it’s going to be and what it’s going to look like. I think we’ve come together as to its functionality, and I think all the scientists and academicians are satisfied with its design. Vice President Terry Clapacs will tell us a little more about the project.
Terry Clapacs: Presidents Bepko, Eichhorn and members of the board, you will recall a very lively discussion that occurred last fall during the board’s fall retreat in Brown County. The larger issue was where on campus we should place a significant amount of new science space that will be built over the next decade. When we say "significant," we are talking about 200,000 assignable square feet of space, which converted to gross, ends up being somewhere around 360,000 gross square feet, so it’s not a small undertaking.
The specific issue was where to place the first 80,000 assignable square feet of space, which we requested as part of our 2001-2003 capital appropriation request that went to the Indiana General Assembly. Indeed, that bonding authority in the amount of $30 million was approved for the first phase, and we are very hopeful that an additional $20 million in gifts will be added for a total project of $50 million, and that then will get us underway. I’m pleased to report to you this morning that we have every indication that the State Budget Committee will soon release that $30 million in bonding authority, so that we can get going.
It was during that discussion that you finalized and gave direction to all of us to proceed with planning a building immediately behind Myers Hall that would be limited to 80,000 gross square feet of space; that would continue to respect the concept of developing courtyards in the inner campus; that would be in scale, talking about the mass of the building of it’s neighbors; and that, in architectural style, would be reminiscent of its neighboring buildings, particularly Myers Hall.
Today after much planning, involving our selected firm Flad of Madison, Wisconsin, and including our master architect John Belle of New York City, we are here with David Black of Flad to explain to you what we propose.
David Black: It’s an honor to be before you again to discuss the Multidisciplinary Science Building. As a multidisciplinary building, it is strategically placed to serve a number of programs, including the Center for Genomics and Bioinformatics, Proteomics, Biochemistry, Biophysics, Bio-Organic, and Biomaterials, and in doing so, brings together a number of programs. Its placement, just north of Myers, connects it underground to all of its adjacent neighbors so that not only can it share materials handling, which eliminates another loading dock in this historic area, but facilitates the sharing of personnel and many resources among the buildings.
The design grew out of the master planning effort that Vice President Clapacs spoke of a moment ago. The building’s third-floor height is not to exceed the cornice of Myers Hall; its width is not to exceed 78 feet; its length is about 100 feet from the main body of Myers Hall. Over the course of time, the building has grown to be 80 feet rather than 78 feet, and you can see that it differs in some areas along the way. We have been careful to have it reviewed by John Belle to make sure that our deviations are not significant from the spirit of the master plan.
Vice President Clapacs and architect Bob Meadows instructed us to keep the building’s character consistent with the character of the 1938 Myers Hall. Indeed, what we have endeavored to do is to take components of Myers and work them into the façade of the new building, so that it looks as if both buildings might have arrived at the same time.
We were also looking at the concept of an internal courtyard. Although Myers Hall appears L-shaped in the master plan, it has a couple of components that seem to reach out beyond that, as though to create its own small courtyard. In some ways, the new building answers what Myers Hall has.
We would place the basement area in a section of the site that has not been as heavily planted as other parts. This space was once used for Quonset huts, and does not have as many trees. In doing so, we will change the elevation a little bit, to rise a grade, just a couple of feet, maybe four feet in places, from the knoll of elevation 812, that’s there now. This gives us the opportunity to develop the character of that area, so that Dunn’s Woods will appear to move more fluidly into this space.
Further to that, and perhaps most important to the evolution of the building as a purposeful space for sciences, was our work on the underground section of the building. Realizing that the cornice height was fixed, and that we had rock below, we had to do a great deal of juggling. We finally came to realize that if we could carve away part of the site, we could create a rolling character and allow views out of the building to the south. You can see, if you get a chance to look at the model, how these spaces are really developed as an internal courtyard here between Myers and MSB, how there is a lovely woods just to its north; the building will become a new gateway, in a sense, for those woods. The MSB will echo back and forth to the chemistry building, it will make a statement or a presence upon that wooded area and it will have a dialogue between the Myers building, a dialogue that’s very specific to their language to their texture and to their coloration.
Trustee Obremskey: In the course of this effort we have had the input by the people who are going to have to live and work there, and Dr. Clemmer, one of the scientists who has been involved, told us that he is happy with the project. I would like to hear from the other scientists who are here today.
Carl Bower: Thank you. I’m Carl Bower, in charge of the biochemistry program on campus and I am the chair of the faculty committee that was working with Flad on a biweekly basis on the architectural plans of the building. The needs of the sciences on this campus are crushing. We initially identified a need for about 180,000 usable square feet, and it was determined early on that this particular space would only hold about 80,000 usable square feet. We also wanted this building to meet the needs of the sciences on this campus. However, what we realized very early on, is that this building will fill all the immediate and short-term needs of all the sciences on Third Street.
When we started working with the Flad architects we found that we could locate Biophysics, Bio-organics, Biochemistry, Proteomics, and Genomics in this building. They are really the core components that Biology, Chemistry and Physics need to for interdisciplinary science. So as we worked with Flad we became very excited about this project because we realized it would allow us to do interdisciplinary science between the chemistry, the biologists and the physicists that have not been possible today on this campus. It’s really been a great learning experience for us, but the key to this project was Flad. The architects have done a wonderful job. They listened to the scientists as we spent hours just telling them the kind of research we do, the kind of research we want to do in the future. They took that information, came up with plans, returned for more conversations, and then they’d go back and revise what they had created. After about four or five those iterative processes, we had architectural designs and plans that we’re absolutely thrilled with.
Trustee Obremskey: Thank you. Most of us were not happy about putting any kind of a new structure in the core campus that would interfere with the existing beauty of the area, but we realized that given the chemistry, physics and other disciplines that are in the immediate area, we need to do this, so the committee recommends it to the full board for its approval.
Unanimously approved on a motion duly made and seconded.
a. Approval is requested of Sanitary Sewer and Storm Drainage Easements for Herron School of Art
Approval is requested for the grant of easements to the City of Indianapolis for the maintenance of existing and new sewer and storm drainage lines on the IUPUI campus. The easements are required because of the renovation of the former School of Law building to the School of Art facility. The easements will allow the City to access and maintain new or existing drainage and sewer infrastructure on the site.
The proposed easements would be located over the site, which is located at the southwest corner of New York and Blackford Streets, and at locations agreed upon by the University.
Unanimously approved on a motion duly made and seconded.
b. Approval is requested of Sewer Easement for Combined Sewer Overflow (CSO) 39
Approval is requested for the grant of an access easement to the City of Indianapolis for the expansion and maintenance of an underground raw sewage storage and primary treatment tank located adjacent to the southern boundary of Campus along the White River. The addition will enhance the water quality of the White River.
Unanimously approved on a motion duly made and seconded.
c. Approval is requested of an amended lease purchase agreement between Indiana University and the IU Foundation for the Biotechnology Research and Training Center (Appendix A).
Trustee Obremskey: The agreement is for a period of 20 years, and will support the issuance of Certificates of Participation by the IU Foundation.
Unanimously approved on a motion duly made and seconded.
d. Approval is requested for Water Main Easement
Approval is requested for the grant of easements to the City of South Bend for construction and maintenance of a water main on property owned by The Trustees of Indiana University along the west property line of the South Bend campus. The easements are needed for installation of a new water main line, which will increase the water supply to the proposed Campus extension south of St. Joseph River as well as surrounding areas. The legal descriptions of the proposed easements are:
Unanimously approved on a motion duly made and seconded.
Parcel 1 Water Main Easement
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said Section 18; thence North 00º 07' 52" East along said West right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph County, Indiana, thence North 89° 55' 30" West along the South line of said Commissioners tract, a distance of 10.53 feet to the southwest corner thereof; thence North 89° 55' 30" West, a distance of 253.50 feet; thence South 64° 30' 30" West, a distance of 255.70 feet; thence South 83° 56' 03" West, a distance of 456.31 feet; thence North 79° 21' 30" West, a distance of 141.64 feet; thence South 83° 55' 31" West, a distance of 159.89 feet; thence South 9° 36' 10" West, a distance of 220.04 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72° 39' 01" West, along said Northerly right-of-way, a distance of 9.90 feet to the Point of Beginning of this description; thence North 2° 36' 45" East, a distance of 253.24 feet; thence North 42° 33' 48" West, a distance of 72.09 feet; thence North 37° 24' 32" West, a distance of 336.75 feet to the water's edge of the St. Joseph River; thence South 32° 31' 27" West, along said water's edge, a distance of 31.94 feet; thence South 37° 24' 32" East, a distance of 327.15 feet; thence South 42° 33' 48" East, a distance of 60.96 feet; thence South 2° 36' 45" West, a distance of 190.91 feet; thence North 88° 08' 37" West, a distance of 29.61 feet to a West line of the grantor's land; thence South 9° 36' 10" West, along said West line, a distance of 32.97 feet to said Northerly right-of-way line of Lincoln Way East; thence South 72° 39' 01" East along said Northerly right-of-way a distance of 65.79 feet to the Point of Beginning and containing 0.469 Acres, more or less.
Unanimously approved on a motion duly made and seconded.
Parcel 1A Water Main Easement
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Water Main Easement lines, described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said Section 18; thence North 000 07' 52"East along said West right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph County, Indiana, thence North 89° 55' 30" West along the South line of said Commissioners tract, a distance of 10.53 feet to the southwest corner thereof; thence North 89° 55' 30" West, a distance of 253.50 feet; thence South 64° 30' 30" West, a distance of 255.70 feet; thence South 83° 56' 03" West, a distance of 456.31 feet; thence North 79° 21' 30" West, a distance of 141.64 feet; thence South 83° 55' 31" West, a distance of 159.89 feet; thence South 9° 36' 10" West, a distance of 220.04 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72° 39' 01" West, along said Northerly right-of-way, a distance of 9.90 feet; thence North 2° 36' 45" East, a distance of 253.24 feet; thence North 42° 33' 48" West, a distance of 72.09 feet; thence North 37° 24' 32" West, a distance of 336.75 feet to the southern water's edge of the St. Joseph River; thence North 37° 24' 32" West, a distance of 253.44 feet to the northern water's edge of said St. Joseph River and the Point of Beginning of this description; thence South 35° 29' 43" West along said water's edge, a distance of 31.39 feet; thence North 37° 24' 32" West, a distance of 87.41 feet to the Southerly right-of-way line of Northside Boulevard; thence North 52° 39' 41" East, a distance of 30.00 feet along said Southerly right-of-way line of Northside Boulevard; thence South 37° 24' 32" East, a distance of 78.15 feet to the Point of Beginning and containing 0.057 acres, more or less.
Unanimously approved on a motion duly made and seconded.
Parcel 1B Temporary Easement (Construction Only)
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said Section 18; thence North 00'07' 52" East along said West right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph County, Indiana, thence North 89° 55' 30" West along the South line of said Commissioners tract, a distance of 10.53 feet to the Southwest corner thereof; thence North 89° 55' 30" West, a distance of 253.50 feet; thence South 64° 30' 30" West, a distance of 255.70 feet; thence South 83° 56' 03" West, a distance of 456.31 feet; thence North 79° 21' 30" West, a distance of 141.64 feet; thence South 83° 55' 31" West, a distance of 159.89 feet; thence South 90 36' 10" West, a distance of 216.58 feet to the Point of Beginning of this description; thence South 9° 36' 10" West, along a boundary of the grantor's land, a distance of 3.46 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72° 39' 01" West, along said Northerly right-of-way, a distance of 9.90 feet; thence North 2° 36' 45" East, a distance of 253.24 feet; thence North 42° 33' 48" West, a distance of 72.09 feet; thence North 37° 24' 32" West, a distance of 336.75 feet to the water's edge of the St. Joseph River; thence North 32° 31' 27" East, along said water's edge, a distance of 10.65 feet; thence South 37° 24' 32" East, a distance of 339.96 feet; thence South 42° 33' 48" East, a distance of 75.80 feet; thence South 2° 36' 45" West, a distance of 256.49 feet to the Point of Beginning and containing 0.154 Acres, more or less.
Unanimously approved on a motion duly made and seconded.
Parcel 1C Temporary Easement (Construction Only)
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said Section 18; thence North 00° 07' 52" East along said West right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph County, Indiana, thence North 89° 55' 30" West along the South line of said Commissioners tract, a distance of 10.53 feet to the southwest corner thereof; thence North 89° 55' 30" West, a distance of 253.50; thence South 64° 30' 30" West, a distance of 255.70 feet; thence South 83° 56' 03" West, a distance of 456.31 feet; thence North 79° 21' 30" West, a distance of 141.64 feet; thence South 83° 55' 31" West, a distance of 159.89 feet; thence South 9° 36' 10" West, a distance of 220.04 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72° 39' 01" West, along said Northerly right-of-way, a distance of 75.69 feet to a West line of the grantor's land; thence North 9° 36' 10" East, along said West line, a distance of 32.97 feet, to the Point of Beginning of this description; thence continuing North 9° 36' 10" East, along said West line a distance of 10.09 feet; thence South 88° 08' 37" East, a distance of 18.38 feet; thence North 02° 36' 45" East, a distance of 176.88 feet; thence North 42° 33' 48" West, a distance of 57.25 feet; thence North 37° 24' 32" West, a distance of 323.94 feet to the water's edge of the St. Joseph River; thence North 32° 31' 27" East, along said water's edge, a distance of 10.65 feet; thence South 37° 24' 32" East, a distance of 327.15 feet; thence South 42° 33' 48" East, a distance of 60.96 feet; thence South 2° 36' 45" West, a distance of 190.91 feet; thence North 88° 08' 37" West, a distance of 29.61 feet to the Point of Beginning and containing 0.136 Acres, more or less.
Unanimously approved on a motion duly made and seconded.
Parcel 1D Temporary Easement (Construction Only)
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said Section 18; thence North 00° 07' 52"East along said West right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph County, Indiana, thence North 89° 55' 30" West along the South line of said Commissioners tract, a distance of 10.53 feet to the southwest corner thereof; thence North 89° 55' 30" West, a distance of 253.50 feet; thence South 64° 30' 30" West, a distance of 255.70 feet; thence South 83° 56' 03" West, a distance of 456.31 feet; thence North 79° 21' 30" West, a distance of 141.64 feet; thence South 83° 55' 31" West, a distance of 159.89 feet; thence South 9° 36' 10" West, a distance of 220.04 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72° 39' 01" West, along said Northerly right-of-way, a distance of 9.90 feet; thence North 2° 36' 45" East, a distance of 253.24 feet; thence North 42° 33' 48" West, a distance of 72.09 feet; thence North 37° 24' 32" West, a distance of 336.75 feet to the southern water's edge of the St. Joseph River; thence North 37° 24' 32" West, a distance of 253.44 feet to the northern water's edge of said St. Joseph River; thence South 35° 29' 43" West along said water's edge, a distance of 31.39 feet to the Point of Beginning of this description; thence South 41° 22' 02" West along said water's edge, a distance of 10.20 feet; thence North 37° 24' 32" West, a distance of 89.76 feet to the South right-of-way line of Northside Boulevard; thence North 54° 41' 09" East, along said Southerly right-of-way line of Northside Boulevard, a distance of 10.01 feet; thence South 37° 24' 32" East, a distance of 87.41 feet to the Point of Beginning and containing 0.020 acres, more or less.
Unanimously approved on a motion duly made and seconded.
Parcel 1E Temporary Easement (Construction Only)
A parcel of land being a part of the East half of Section 18, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within the Water Main Easement lines depicted on the attached Right-of-Way Parcel Plat, marked EXHIBIT "B", described as follows: Commencing at the intersection of the West line of Ironwood Drive with the North line of Lincoln Way East in said City of South Bend, said point being 30 feet West of the East line of said Section 18; thence North 00° 07' 52" East along said West right-of-way line of Ironwood Drive a distance of 474.80 feet to the Southeast corner of a tract of land conveyed to the Board of Commissioners of St. Joseph County, Indiana by Corporate Warranty Deed recorded as Instrument Number 9019197 in the Office of the Recorder of St. Joseph County, Indiana, thence North 89° 55' 30" West along the South line of said Commissioners tract, a distance of 10.53 feet to the southwest corner thereof; thence North 89° 55' 30" West, a distance of 253.50 feet; thence South 64° 30' 30" West, a distance of 255.70 feet; thence South 83° 56' 03" West, a distance of 456.31 feet; thence North 79° 21' 30" West, a distance of 141.64 feet; thence South 83° 55' 31" West, a distance of 159.89 feet; thence South 9º 36' 10" West, a distance of 220.04 feet to the Northerly right-of-way line of said Lincoln Way East; thence North 72° 39' 01" West, along said Northerly right-of-way, a distance of 9.90 feet; thence North 2° 36' 45" East, a distance of 253.24 feet; thence North 42° 33' 48" West, a distance of 72.09 feet; thence North 37° 24' 32" West, a distance of 336.75 feet, to the southern water's edge of the St. Joseph River; thence North 37° 24' 32" West, a distance of 253.44 feet, to the northern water's edge of said St. Joseph River, and the Point of Beginning of this description; thence North 37° 24' 32" West, a distance of 78.15 feet to the Southerly right-of-way of Northside Boulevard; thence North 46° 56' 01" East, a distance of 10.05 feet along said Southerly right-of-way line of Northside Boulevard; thence South 37° 24' 32" East, a distance of 75.23 feet to said northern water's edge of the St. Joseph River; thence South 31° 15' 36" West, along said northern water's edge, a distance of 10.74 feet to the Point of Beginning and containing 0.018 Acres, more or less.
Unanimously approved on a motion duly made and seconded.
a. Action Item: Approval is requested for the Financing Plan for Biotechnology Research and Training Center (BRTC)
Trustee Backer: Now that you have approved an amended lease purchase agreement for the BRTC, the Finance & Audit Committee requests full board approval of a new form of financing called certificates of participation (COPS). These securities will be issued by the IU Foundation, but will be supported by the lease-purchase agreement with IU. Therefore, it is necessary for the IU Board of Trustees to ratify the issuance.(END OF TAPE).
RESOLUTION BY THE TRUSTEES OF INDIANA
UNIVERSITY
RATIFYING THE SALE OF CERTIFICATES OF
PARTICIPATION BY INDIANA UNIVERSITY FOUNDATION REGARDING
THE BIOTECHNOLOGY RESEARCH AND TRAINING CENTER
AND AUTHORIZING CERTAIN OTHER ACTIONS IN RESPECT THERETO
WHEREAS, The Trustees of Indiana University (the "Corporation") has full power and authority under and by virtue of the laws of the State of Indiana to operate the institution of higher education known as Indiana University (the "University") including, more particularly, the provisions of Indiana Code 20-12-5.5, the power and authority to acquire facilities by lease-purchase on various campuses of the University; and
WHEREAS, the Corporation has previously executed and delivered to the Indiana University Foundation (the "Foundation") a lease agreement for the development, use and occupancy of the Biotechnology Research and Training Center on the University's Indianapolis campus (the "BRTC"); and
WHEREAS, the Corporation now desires to amend and restate said lease agreement to provide more clearly for the lease purchase of the BRTC by the Corporation; and
WHEREAS, the Corporation desires to acknowledge and ratify the issuance of certificates of participation in its lease rental payments under the Amended and Restated Lease Purchase Agreement (as hereinafter described) and to authorize certain other actions in respect thereto;
NOW, THEREFORE, BE IT RESOLVED by this Board of Trustees as follows:
Section 1. The Amended and Restated Lease Purchase Agreement dated as of February 15, 2003 between the Corporation and the Foundation in substantially the form submitted to this board is hereby approved, and its execution and delivery is authorized by any one or more of the Chairman, the Vice Chairman or the Treasurer of this Board, together with such changes as such executing officer shall approve, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 2. The issuance of Certificates of Participation in the Corporation's lease rental payments under the Amended and Restated Lease Purchase Agreement pursuant to a Trust Indenture dated as of February 15, 2003, between the Foundation and the trust company to be selected by the Foundation, as Trustee is hereby acknowledged and ratified by this Board. In connection therewith, the Treasurer of the Board is hereby authorized to develop, execute, if necessary, and deliver both a preliminary official statement and a final official statement to the purchasers of the Certificates of Participation.
Section 3. The Chairman, Vice Chairman, Treasurer, Secretary and Assistant Secretary of the Corporation, are, and each of them individually is, hereby authorized to take all necessary steps to consummate the transactions contemplated by this Resolution, including the execution and delivery of any supplemental or ancillary agreements necessary or appropriate to consummate such transactions and such certificates as may be required in connection therewith. The authorization contained in this paragraph shall expressly include any certificate purchase agreement (or addendum thereto with respect to the Corporation), a supplemental continuing disclosure undertaking, and a construction and rebate agreement, all in customary form acceptable to the Treasurer and University counsel.
Unanimously approved on a motion duly made and seconded.
b. Action Item: Approval is requested for Series O Student Fee Bond Issue
Trustee Backer: Previously, the Board delegated to the Finance and Audit Committee the authority to approve the issuance of Series O Student fee Bonds. At our meeting, we approved the issuance, and added an additional project, the Library Project at the Southeast Campus. We are asking the Board at this time to ratify our approval to include the IU Southeast project.
RESOLUTION BY THE BOARD OF TRUSTEES OF
THE TRUSTEES OF INDIANA
UNIVERSITY RATIFYING THE
APPROVAL AND AUTHORIZATION OF ITS
INDIANA
UNIVERSITY STUDENT FEE BONDS, SERIES O
WHEREAS, The Trustees of Indiana University (the "Corporation") has full power and authority under and by virtue of the laws of the State of Indiana to operate the institution of higher education known as Indiana University (the "University") including, more particularly, under the provisions of Indiana Code 20-12-6, the power and authority to issue bonds secured by Student Fees to finance and refinance academic facilities located at various campuses of the University; and
WHEREAS, the Corporation has heretofore executed and delivered to Bank One Trust Company, National Association (formerly, The Indiana National Bank), as Trustee (the "Trustee"), a certain Trust Indenture dated as of October 1, 1985, as previously amended (the "Original Indenture"), for the purpose of securing its Indiana University Student Fee Bonds (hereinafter sometimes referred to as the "Bonds"), issued from time to time thereunder; and
WHEREAS, Article IV of the Indenture authorizes the issuance of additional series of Bonds by the Corporation and the authentication and delivery of such additional series of Bonds by the Trustee under the conditions set forth in Article IV, which conditions have been complied with so as to authorize the issuance, authentication and delivery of such Bonds by the Trustee under the conditions set forth in Article IV, to provide the funds required to finance the acquisition, construction, renovation and equipping of projects on the Indianapolis and Northwest campuses of the University as described in Exhibit A hereto (the "New Projects") and to provide funds for the advance refunding of a portion of the Indiana University Student Fee Bonds, Series K and Series M (the "Refunded Bonds") issued to finance or refinance various previously financed projects of the University (the "Prior Projects"); and
WHEREAS, the Treasurer of the Corporation (the "Treasurer") has investigated, developed, evaluated and presented a Plan of Financing for the Series O Bonds (including the appointment of underwriters) to the Finance and Audit Committee of the Board of Trustees of the Corporation (the "Board"); and
WHEREAS, the Finance and Audit Committee has approved the Plan of Financing presented by the Treasurer and authorized the issuance of Series O Bonds, by adoption of the Resolution attached hereto, and
WHEREAS, the Board desire to expand the authority of the Finance and Audit Committee of the Board by ratifying and accepting its request to include the acquisition, construction, renovation and equipping of the Library project on the Southeast campus of the University as part of the New Projects to be funded by the Series O Bonds; and
WHEREAS, this Board desires to ratify the approvals given by the Finance and Audit Committee.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
Section 1: The inclusion of the Library Project in the Southeast Campus of the University in the definition of New Projects and the corresponding increase of the principal amount of Series O Bonds is hereby ratified and confirmed.
Section 2: The issuance of the Series O Bonds by the Corporation on the terms and conditions set forth in the approving resolution of the Finance and Audit Committee is hereby ratified and confirmed.
EXHIBIT A
Project | Amount | General Assembly Approval |
1. Indianapolis Campus – Communications Technology Complex* | $15,150,000 | 1999 |
2. Indianapolis Campus − Informatics Complex* | $19,700,000 | 2001 |
3. Northwest Campus – Professional Education Building and Center for Medical Education | $16,601,000 | 1999 |
4. Add SE Library |
(*) These two projects are being constructed jointly and are being referred to as the "Indianapolis Campus − Communications Technology Complex and Informatics Complex"
Unanimously approved on a motion duly made and seconded.
Trustee Backer: We talked about a new computer program, called INFANET. You may recall that we had a discussion a year or so ago about the fees that we had been paying, almost $3 million university-wide for credit card usage, to charge tuition. At that time, we decided not to use VISA because they would not allow us to charge back 2% to make up that fee, and we only accepted Mastercharge and Discover. We are now entering into a program that will enable people to pay for their tuition and their bursar’s bills by credit card check or withdrawal directly from their accounts. We saw a demonstration of it; it’s a very sophisticated system, and it’s very easy to use. It enhances PeopleSoft and all the student services that we’ll be able to offer on line.
We also had a discussion about the student fee approval policy. Vice President Palmer presented proposed changes to that, and we’ve had some comments, especially from Trustee Shoulders. We will present that to you at the next board meeting
At the last meeting I commented on the fact that our variable rate notes were at about 1.4%, but we have reissued those and amazingly they are at .95% this time. It’s hard to believe how low the interest rate is or why anybody would buy them at that interest rate. We have been very successful with these variable rate notes, especially with the Wilkie project.
We began a review of the Travel Budget. About $26 million was spent last year and we are in the process of reviewing that budget and will continue to review it at our next meeting.
Trustee Breckenridge: Thank you President Eichhorn. Our committee met this morning with Jamie Belanger, Sue Talbot, and myself in attendance. Vice President Charlie Nelms is our academic liaison.
We started our meeting with Lynn Coyne giving us an update on the campus bus program. The program has been wonderfully successful. Among other things, access is now available late at night, thanks to the Midnight Special. Bus ridership is widely accepted, with more than 1.1 million riders. The next step is universal access. One of the students reported that there was a need for more park and ride locations, but it’s a great program.
Our student representatives included Kenny Awoiksa from IU Northwest, Jeff Martin from IU East, Michael Sandy from IU Kokomo and Aebeer Mallick from IU Southeast. All gave very good reports about various student activities on their campuses, including involvement with Hoosiers for Higher Education. IU Southeast is very pleased that money has been approved for their new library. Josh Runyan from IUPUI reported that some of the campus food service had been closed, and Vice Chancellor Karen Whitney said the problem should be resolved shortly.
The committee also heard from Dean McKaig on IU Bloomington’s alcohol-abuse program, called SMART, and from the leaders of the Union Board and IU Student Foundation. We also heard reports from the presidents of the Pan-Hellenic and Inter-Fraternity Councils. Efforts are under way to get house advisers in the fraternities, which we think is going to help with many of the problems.
Finally our meeting concluded with the President of the Black Faculty Council, David Hummons giving a report on the need for continued diversity here at IU Bloomington.
Trustee Shoulders: We met this morning. We first heard an update from Prof. Ted Miller on low-enrollment courses for the fall semester 2002-03. I’m happy to report that only approximately 150 courses, or 3% of our total 5,000 section offerings, met the criteria of low enrollment. About half of those are at the graduate level, some are in the School of Music, where one would expect some small courses. The bottom line here is we were very encouraged by this report and find no problem in terms of the maintenance of a significant number of low-enrollment courses.
We next took up the topic of under-utilized degree programs. The Commission on Higher Education sent us a report suggesting that seven of our degrees were questionable. We’ve talked with the chancellors. Of these seven degrees, five are to be withdrawn from inventory, with everyone’s agreement. They were never actually started up or they haven’t had any participation. Many were associates degrees, and we’re trying to move away from those types of degrees anyway.
The two that we will defend are a B.S. in Health Services Management at the Fort Wayne campus, only started in 1995 and beginning to pick up steam; and a Ph.D. in Social Work at the IUPUI campus -- the only Ph.D. in social work offered in the state of Indiana. Bill Plater spoke eloquently on its behalf, and we recommend to the full board that Sara McNabb, IU’s liaison to the commission, prepare a report defending those two degrees. We do so in the form of a motion.
Unanimously approved on a motion duly made and seconded.
a. Action Item: Approval is requested for the following new institute at Indiana University Bloomington: Biocomplexity Institute.
Trustee Shoulders: Two more action items we bring to the Board. The first is our recommendation that a Biocomplexity Institute be approved. The research goal of the institute is to understand in a quantitative and predictive way the complex patterns and organization that arises in living organisms. It is a multidisciplinary study. We had a wonderful presentation from Professor Glazier, who noted that the institute would position us for future grants from NIH and NFS and many other funding sources.
Trustee Eichhorn: This also has a symbiosis with Notre Dame, does it not?
Trustee Shoulders: Indeed it does. It has a Notre Dame piece, IUPUI and Bloomington.
Unanimously approved on a motion duly made and seconded.
b. Action Item: Approval is requested for the following new degrees at Indiana University Purdue University Indianapolis: M.A. in Philosophy; Ph.D. in Philanthropic Studies
Trustee Shoulders: We had presentations and requests to approve two new degrees, the first an M.A. in Philosophy. Great work has been done, and continues to be done, at IUPUI in the area of Philosophy, specifically Bioethics and American Philosophy, and work on American Pragmatism.
The second degree proposed is a Ph.D. in Philanthropic Studies. We have a world-renown Center on Philanthropy at IUPUI, and I’m not sure those of us inside the institution appreciate the amazing reputation it has throughout the world. It is cited more often than any other source on philanthropy. This would be a first, I think, in American education the offering of a Ph.D. in Philanthropic studies. The headcount, it was predicted to be about 16 there, and as for the masters in Philosophy perhaps 30. We recommend that these degrees be approved.
Unanimously approved on a motion duly made and seconded.
Trustee Talbot: The entire committee was in attendance this afternoon. Don Weaver did an excellent job in filling us in on his work with the General Assembly this year. Many bills have been filed – more than 1,400 -- and he talked to us about those that would have a fiscal impact on us, or would have a direct impact on our governance or policies. We had a nice discussion, and a lot of Q & A from our chancellors in attendance and other people that were there. He also told us about the schedule for the remainder of the session and ways that each of us can be involved, and that certainly is an open invitation to anybody who has an interest in what’s happening in Indianapolis.
Our academic units will be hosting luncheons this year, and each campus usually does this also. and we’re hoping all the schools, faculty and students get involved. The HHE state house day is February 10 and we are anticipating that everybody in this room certainly will be there. The students were very enthusiastic, as Trustee Breckenridge noted earlier.
Steve Ferguson gave us a report on the annual conference of the Higher Education Commission to which the trustees were invited. Among other topics, they discussed K-16 education. Legislators also attended, everybody seems to be interested in being on the same page and making the case to the General Assembly about funding needed for the excellence in education.
Bill StephanandLisa Townsend then updated us on the marketing messages that are being distributed in Indiana. Many of us have seen the billboards that promote the percentage of graduates who live and work in Indiana, and the fields in which they shine, such as law, medicine, history, and education. They have received very positive feedback, and they are now engaging in new billboards, which will have the Indiana University symbol on them. The campus chancellors said they would like to have the same billboards in their areas, recognizing their local graduates. We also saw the new pocket calendar that features faculty excellence and which corresponds to the website about our outstanding faculty all over the state of Indiana.
We also received copies of the new information brochure about the Life Sciences Initiative, which is very well done and very explanatory to people that aren’t really sure what we’re talking about as we continue to pursue this topic. It was a good meeting.
All unanimously approved on a motion duly made and seconded.
Interim President Bepko: I think we would all like to hear from Chancellor Bantz if he would like to address the board.
Charles Bantz: Thank you very much. I will be brief. I want to thank you for the opportunity to join Indiana University and take leadership of the campus at IUPUI. It is, frankly, daunting to follow in the footsteps of Jerry Bepko and Bill Plater and the efforts that have been going on many years in Indianapolis. The accomplishments are many. One of the reasons I was so interested in this opportunity is that IUPUI is famous for many of those innovations, some of which you heard about today. I really appreciate the opportunity, and I also appreciate the kind of support that you’ve already given me with suggestions and offers of help. I know that you will be probing us to make sure that we are even better than we have been in the past; that, I believe, is one of your obligations and one I really welcome. I also thank the search committee, some of whom are in the room here today. They drew me into this search and really make me enthusiastic. It is an opportunity I thank all of you for. I look forward to many chances to talk with you about the opportunities both for Indiana University and for the campus in Indianapolis. Thanks.
Unanimously approved on a motion duly made and seconded.
Trustee Eichhorn: I think that gives Michael McRobbie the longest title in Hoosier-dom.
No Items
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Approval is requested for the award of degrees as of December 31, 2002.
Unanimously approved on a motion duly made and seconded.
Unanimously approved on a motion duly made and seconded
Trustee Breckenridge: Mr. President, I wish to rescind the motion I made in December regarding chancellorships.
Trustee Shoulders: As I seconded the original motion I’ll second the motion to rescind.
Unanimously approved to rescind the motion from the last meeting.
Trustee Eichhorn: Once again terrific meeting, thanks to the Board staff, and all of you who work so hard to get this thing ready.
Trustee Shoulders: Congratulations to Rosa Ayers, our newest fellow American.
Trustee Eichhorn: Chancellor Brehm, thank you for hosting us and we hope you’ll have us back sometime.
February 27-28, 2003
IUB
Bloomington, IN
The meeting adjourned to meet again on the call of the Secretary on February 28, 2003, at Indiana University Bloomington.
Robin Roy Gress
THE TRUSTEES OF INDIANA UNIVERSITY
AMENDED AND RESTATED LEASE PURCHASE AGREEMENT
THIS AMENDED AND RESTATED LEASE PURCHASE AGREEMENT, (the "Lease") originally made and entered into 5th day of January, 2002 and amended and restated as follows as of February 15, 2003 by and between INDIANA UNIVERSITY FOUNDATION, an Indiana not-for-profit corporation with principal offices in Bloomington, Indiana, (hereinafter referred to as the "Foundation") and THE TRUSTEES OF INDIANA UNIVERSITY, (hereinafter referred to as the "University"): WITNESSETH THAT;
ARTICLE I
Lease Purchase of the
Premises
The Foundation hereby leases to the University and the University hereby leases from the Foundation, on a lease purchase basis and subject to the terms and provisions of this Lease, the real estate located at 1345 West Sixteenth Street, Indianapolis, Indiana, the legal description of which is attached as Exhibit A and incorporated herein by reference. The premises include 4.447 acres, more or less, improved with a building containing approximately 83,481 gross square feet office, laboratory and classroom space, and related improvements, which is currently under construction and is designed for use as a biomedical research and training facility, which premises will be referred to hereinafter as the Leased Premises and which the Foundation owns in fee simple.
ARTICLE II
Term and Rent
Section 1a. Term. The term of this lease is Twenty-five (25) Years commencing on February 15, 2003 ("Commencement Date") and expiring December 31, 2027 or such earlier date as set forth in Article II, Section 2c below ("Expiration Date"), hereinafter referred to as the "Lease Term."
Section 1b. Option to Extend the Term. If the University shall be in full compliance with all terms, covenants and conditions of this Lease, the University shall have the option to extend the Term for an additional period of Five (5) Years (the "Extension Term"), upon the following conditions:
Section 2a. Basic Rental Payments. The University agrees to pay Basic Rental Payments during the term of the Lease semiannually on each June 30 and December 31, commencing June 30, 2003, in an amount equal to the sum of (i) debt service (i.e. payments allocable to principal of and interest on) the "Certificates of Participation Evidencing Proportionate Interest in Payments under a Lease Purchase Agreement between Indiana University Foundation and the Trustees of Indiana University, Series 2003A, dated as of January 15, 2003" including any subsequent refunding thereof (collectively hereinafter, the "COPs") coming due on the next succeeding January 1 or July 1, as the case may be, whether by stated maturity, redemption or otherwise, plus (ii) fees for the Trustee (as defined below) for such period. The University shall receive a credit toward each Basic Rental Payment in an amount equal to moneys held in the "Certificate Fund" by [_______ ] (hereinafter called "Trustee") under the Trust Indenture between it and the Foundation (hereinafter called the "Indenture") on such Basic Rental Payment Date. All Basic Rental Payments under the terms of this Lease shall be paid by the University to the Trustee, or to such other bank or trust company as may from time to time succeed such bank as Trustee under the Indenture securing the COPs or any COPs or other securities issued by the Foundation to refund the COPs. All payments so made by the University shall be considered as payment to the Foundation of the Basic Rentals hereunder. The schedule of Basic Rental Payments shall be provided to the University and Trustee by the Foundation not later than the date the COPs are issued. If it is necessary to adjust such schedule of payments, the Foundation shall provide such adjusted schedule to the University and the Trustee.
Section 2b. Additional Rent. (i) Upon completion of Foundation Work described in Article XI.1b, acceptance of the Leased Premises by the University and delivery of possession to the University by the Foundation, the University shall make a one-time payment of additional rent to the Foundation in the amount of Fifteen Million Five Hundred Sixty-six Thousand Five Hundred and No/100 Dollars ($15,566,000.00); (ii) The University shall pay as further rental the amount calculated for the Trustee as the amount required to be rebated to the United States of America after taking into account other available moneys, to prevent the COPs issued to finance the acquisition, equipping and construction of the Devised Premises from becoming arbitrage bond under Section 148 of the Internal Revenue Code of 1986, as amended; (iii) The University shall further pay (or reimburse the Foundation for any payments made) for any other expenses in connection with the COPs on a periodic basis, including fees and expenses of the Trustee.
Section 2c. The University's Obligation Subject to Available Funds. The University covenants and agrees that it will use and apply any available funds, to the extent necessary, for the purpose of satisfying its obligations hereunder; provided, however that neither:
shall be considered available for the payment of such obligations without specific prior approval of the Indiana General Assembly. Notwithstanding any other provisions of this Lease, the obligations herein imposed upon the University for the payment of rent or making other expenditures of money shall be and remain subject to the availability of funds which may be lawfully used by the University for such purposes. No obligation herein imposed upon the University shall be or become an indebtedness of or liability against the State of Indiana.
ARTICLE III
Use of the Premises
The Leased Premises are to be used and occupied for purposes determined from time to time by the University, particularly in reference to its Indianapolis campus, including, but not limited to, rental until such time as the Leased Premises are needed for other the University purposes. The University shall comply promptly with all laws, ordinances and regulations affecting the Leased Premises and promulgated by duly constituted governmental authority affecting the cleanliness, safety, use and occupation of the Leased Premises.
ARTICLE IV
Indemnity and Insurance
Section 1. General Indemnity. The University shall indemnify and save the Foundation harmless at all times during the Lease Term from and against any loss or associated expense on account of any tort claim which arises from the use and occupancy of Leased Premises resulting from the sole negligence of the University; provided, however, that such indemnification and hold harmless shall be subject to all provisions and limitations of the Indiana Tort Claims Act, and the University shall be obligated for no greater sum than if it had been sued and had raised all appropriate defenses and limitations against claims and damages permitted by the Tort Claims Act, as well as the bar of contributory negligence.
The Foundation shall indemnify and save the University harmless at all times during the Lease Term from and against any loss or associated expense on account of any tort claim which arises from the use and occupancy of Leased Premises resulting from the sole negligence of the Foundation.
Section 2. Property Insurance. The Foundation and the University shall each carry property insurance to cover their own interests in the Leased Premises, including contents therein. Each shall relieve the other of any subrogation claim(s) resulting from damages to the premises covered by the policies of insurance.
Section 3. Liability Insurance. The Foundation and the University agree that each will maintain separate policy(ies) of liability insurance written by a responsible company(ies) covering the Leased Premises, or maintain a funded self insurance plan or combination of self insurance and commercial insurance, insuring each separately in an amount not less than $500,000.00 per person per occurrence combined single limit, $5 million aggregate. Said policies shall be of the general type known as "Commercial General Liability." Said policies may be any combination of primary and umbrella policies. Each shall furnish the other certificates of insurance or copies of the policy(ies) upon reasonable request.
Section 4. Premium Reimbursement The University shall reimburse the Foundation on July 1 of each year for insurance premiums paid by the Foundation during that year upon the Foundation providing premium statements or other evidence of insurance cost.
Section 5. Option to Purchase. The Foundation hereby grants to the University the right and option, on any Basic Rental Payment date, upon 60 days written notice to the Foundation and the Trustee, to purchase the entire Leased Premises at a purchase price equal to an amount sufficient to redeem or defease the COPs issued under the Indenture in accordance with the terms thereof.
Upon request of the University (made not less than 60 days prior thereto) the Foundation agrees to furnish an itemized statement setting forth the amount required to be paid by the University in order to purchase the Leased Premises or the portion thereof desired by the University in accordance with the preceding paragraph. Upon the exercise of the option to purchase granted herein, the Foundation will, upon payment of the option price, deliver, or cause to be delivered, to the University documents conveying to the University all of the title to the property being purchased, as such property then exists, subject to the following: (i) those liens and encumbrances (if any) to which title to said property was subject when conveyed to the Foundation, including any existing streets and alleys; (ii) those liens and encumbrances created by the University or the creation or sufferance of which the University consented, and liens for taxes or special assessments not then delinquent and (iii) those liens and encumbrances on its part contained in this Lease.
In the event of the purchase of the Leased Premises or any portion thereof by the University or conveyance of the same to the University, the University shall procure and pay for all surveys, title searches, abstracts, title policies and legal services that may be required, and shall furnish at the University's expense all documentary stamps or tax payments required for the transfer of title.
Section 6. Transfer to the University. In the event that the University has not exercised its option to purchase all or a portion of the Leased Premises in accordance with the provisions of Section 5 above, and upon the full discharge and performance by the University of its obligations under this Lease (particularly the payment of all Basic Rental Payments and additional rental payments), the Leased Premises or the portion remaining thereof shall thereupon become the absolute property of the University and upon the University's request, the Foundation shall deliver, or cause to be delivered, proper instruments conveying to the University all of title thereto, subject to the exceptions stated in Section 5 above.
ARTICLE V
Taxes
The Foundation shall pay all real estate taxes and special assessments levied against all or any part of the Leased Premises, and the University shall reimburse the Foundation on July 1 of each year for real estate taxes and special assessments due and payable during that year, but the Foundation shall cooperate with the University to contest any taxes or special assessments at the University's expense. The Foundation shall provide copies of statements for said taxes and assessments to the University on or before May 31 of each year.
ARTICLE VI
Utilities
The University shall pay charges for all utilities used on the premises during the term of this lease.
ARTICLE VII
Remedies
Section 1. Defaults. The Foundation may terminate this lease upon the University's failure to pay any installment of rent within ten (10) days after receipt of written notice of delinquency therefor, or to perform any other of its covenants hereunder within ninety (90) days after receipt of written notice thereof.
Section 2. Re-entry. Upon termination of the lease as aforesaid, the Foundation may re-enter the Leased Premises with or without process of law, using such force as may be necessary, and remove all persons and property therefrom, and the Foundation shall not be liable for damages or otherwise by reason of re-entry or termination of the term of this lease.
The exercise by the Foundation of the above right to terminate this Lease shall not release the University from the performance of any obligation hereof maturing prior to the Foundation's actual entry into possession. No waiver by the Foundation of any right to terminate this Lease upon any such default shall operate to waive such right upon the same or other default subsequently occurring.
ARTICLE VIII
Assignment and
Subletting
The parties hereto acknowledge and consent to the assignment by the Foundation of certain of its rights hereunder, including its rights to reserve to Basic Rental Payments in connection with the COPs. Neither the Foundation nor the University may otherwise assign this lease without the express written approval of the other party. The University may sublet the Leased Premises at will subject to its covenants in its Federal Tax and Arbitrage Certificates executed in connection with any COPs.
ARTICLE IX
Notices
Section 1. Manner of Giving. Whenever under this lease a provision is made for notice of any kind, such notice shall be in writing and signed by or on behalf of the party giving or making the same, and it shall be deemed sufficient notice and service thereof, if such notice is to the University, if sent by registered or certified mail to: Indiana University, Real Estate Office, Carmichael Center, Suite 204, 530 E. Kirkwood Avenue, Bloomington, Indiana, 47408-4003 (with a copy to Indiana University, Office of the Treasurer, 212 Bryan Hall, Bloomington, Indiana 47404;and if to the Foundation to: Indiana University Foundation, Real Estate Department, SR 46 Bypass, P. O. Box 500, Bloomington, Indiana, 47402 or to the place then fixed for the payment of rent.
ARTICLE X
Quiet Enjoyment
The Foundation warrants that the University, upon making and performing the keeping of the other covenants and agreements of this lease on its part to be kept and performed, shall have peaceful and quiet possession of the Leased Premises during the term of this lease.
ARTICLE XI
Repairs, Maintenance, Operating
Expenses and Improvements
Section 1a. The University’s Obligation. The University agrees to be responsible for all repairs, maintenance, and operating expenses and capital improvements for the Leased Premises.
Section 1b. Initial Improvements – Foundation Work. The Foundation shall complete the building and related improvements in accordance with construction documents prepared by BSA Architects dated January 11, 2002 and approved by the Indiana University Architect. Construction shall be completed in a timely manner in a workmanlike manner in accordance with best practices of the commercial and institutional construction industries and in compliance with all applicable building codes, laws, and governmental regulations.
Section 1c. Subsequent Improvements. The University is authorized to install fixtures and equipment and make any improvements to the premises excepting that any improvements affecting the roof or the structural walls shall be only with the written consent of the Foundation. In the event that the University undertakes improvements, the University covenants and agrees that it shall not suffer or permit any mechanic's liens to be filed against the Leased Premises and shall save the Foundation harmless therefrom.
ARTICLE XII
Eminent Domain
In the event any portion of the Premises, or the entire Leased Premises, be taken by any authority for any public purpose under the right and power of eminent domain, then this lease shall terminate effective on the date on which the University is deprived of physical possession, and each party shall look to the taking authority for compensation for any and all damage, loss or injury it may have suffered as a result of such taking.
ARTICLE XIII
General Provisions
Section 1. Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent, partnership or joint venture between the parties hereto,
Section 2. Remedies Cumulative--Non Waiver. The various rights and remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right or remedy of such party, but shall be construed as cumulative and shall be in addition to every other remedy now or hereinafter existing at law, in equity, or by statute, and said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or shall be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this lease by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party of any act by the other party of a nature requiring consent or approval shall not be construed as approval for consent to any subsequent similar act.
Section 3. Law of Indiana Governs. The laws of the State of Indiana shall govern the validity, performance and enforcement of this lease. The invalidity or unenforceability of any provision of this lease shall not affect or impair any other provision.
Section 4. Complete Agreement. The headings of the several Articles and Sections contained herein are for convenience only and do not define, limit or construe the contents of such Articles and Sections. All negotiations, considerations, representations and understanding between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties.
Section 5. Agreement Binding on Successors. The covenants, agreements and obligations herein contained shall extend to, bind and inure to the benefit not only of the parties hereto, but their respective personal representatives, heirs, successors and assigns.
Section 6. Subject to Statutory Approvals. This lease is entered subject to all required statutory approvals of the State of Indiana, and may be terminated by the University immediately upon written notice to the Foundation if the required approvals are not granted.
Section 7. Construction of Covenants. The Foundation is authorized to construct, acquire and erect buildings or facilities and lease the same to the University. The University is authorized under the provisions of Indiana Code 20-12-5.5 to acquire by lease purchase the Leased Premises from the Foundation. All provisions herein contained shall be construed in accordance with the provisions of said statute, and to the extent of inconsistencies, if any, between the covenants and agreement in this Lease and the provisions of said statutes, said statutes shall be deemed controlling and binding upon the University and the Foundation. The construction, acquisition and operation of the Leased Premises are necessary for and in connection with carrying on the educational, research and public service programs of Indiana University, for the discharge of its statutory duties, responsibilities and the management, operation and servicing of said Indiana University.
IN WITNESS WHEREOF, the parties have executed this lease on the day and year first above written.
INDIANA UNIVERSITY FOUNDATION
______________________________________
James Perin
Senior Vice President and
Chief Financial Officer
ATTEST
____________________________
Carol S. Gross, Secretary
THE TRUSTEES OF INDIANA UNIVERSITY
By:______________________________________
Steven A. Miller, Treasurer
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Date of bid opening: | August 28, 2002 |
Bidders: | 4 |
Contract award: | low bidder, Kennedy Tank and Manufacturing Co., Inc., Indianapolis, IN |
Amount: | $1,165,000 |
Estimate: | $1,386,900 |
Funding: | Residential Programs and Services Reserves for Infrastructure Improvements |
Architect: | SFT, Inc., Toledo, OH |
The existing deaerator heater is forty years old and has become unreliable. The device removes oxygen that is corrosive to metal parts before water is pumped into the boiler to create steam. The completion of this project is needed to ensure the Central Heating Plant’s capacity to condition water for steam appropriately. The total project, including fees, is estimated to cost $1,400,000. Appropriate State approvals have been received.
Date of bid opening: | October 25, 2002 |
Bidders: | 6 |
Contract award: | low bidder, Neidigh Construction Corporation, Bloomington, IN |
Amount: | $71,950 |
Estimate: | $40,000 |
Funding: | Cyclotron Facility - Account # 60-432-01 |
Architect: | Indiana University Staff and Bynum Fanyo & Associates, Bloomington, IN |
This project involves the construction of a steel-reinforced, poured concrete shielding maze located at the north end of the Cooler Addition at the IU Cyclotron Facility. Existing reinforced concrete floor will serve as the foundation
Date of bid opening: | October 31, 2002 | |
Bidders: | 3 | |
Contract award: | low bidder, Heflin Industries, LLC, Bloomington, IN | |
Amount: | Base bid | $379,000 |
Alternate 2 | 10,700 | |
$389,700 | ||
Estimate: | Base bid | $427,500 |
Alternate 2 | 10,000 | |
$437,500 | ||
Funding: | Capital Appropriation for Repair and Rehabilitation | |
Architect: | Mussett, Nicholas, & Associates, Indianapolis, IN |
General renovation of the system involves replacement of the existing air handling and controls equipment with new equipment capable of providing adequate outside air to safely operate existing laboratory exhaust hoods. Work also includes cleaning of existing ductwork to eliminate sources of mold.
Date of bid opening: | November 12, 2002 | |
Bidders: | 6 | |
Contract award: | low bidder, Glenroy Construction Co., Inc., Indianapolis, IN | |
Amount: | Base bid | $202,000 |
Alternate 1 | 135,000 | |
Alternate 2 | 27,500 | |
Alternate 3A | 77,000 | |
Alternate 4 | 47,000 | |
Alternate 5 | 57,000 | |
Alternate 7 | 1,000 | |
$546,500 | ||
Estimate: | Base bid | $299,600 |
Alternate 1 | 298,000 | |
Alternate 2 | 99,976 | |
Alternate 3A | 84,000 | |
Alternate 4 | 57,500 | |
Alternate 5 | 160,650 | |
Alternate 7 | 10,000 | |
$1,009,726 | ||
Funding: | Capital Projects/ Land Acquisition Reserves | |
Architect: | Veazy Parrott Durkin & Shoulders, Indianapolis, IN |
This project involves the addition of electrical, voice and data connections to new furniture to accommodate over 200 individual and group-configured workstations. Minor demolition and new wall partitions are included to accommodate functional changes to the floor plan. New finishes are limited to touching up areas that are altered during construction. The total project, including fees, is estimated to cost $1,500,000. Appropriate State approvals have been received.
A list of approved change orders appears as an exhibit for information of the Board.
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Date of bid opening: | November 19, 2002 | |
Bidders: | 8 | |
Contract award: | low bidder, CDI, Inc., Terre Haute, IN | |
Amount: | Base bid | $1,837,000 |
Alternate 2 | 61,900 | |
Alternate 3 | 14,995 | |
Alternate 4 | 75,000 | |
$1,988,895 | ||
Estimate: | Base bid | $1,577,400 |
Alternate 2 | 40,000 | |
Alternate 3 | 20,000 | |
Alternate 4 | 26,000 | |
$1,663,400 | ||
Funding: | Bookstore/ Student Support Services, Residential Programs and Services and Capital Projects/Land Acquisition Reserves |
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Architect: | Veazy Parrott Durkin & Shoulders, Indianapolis, IN | |
Renovation of the kitchen and dining area will provide space for a branch bookstore and the relocation of Maxi Production, Campus Card Services and Photographic Services. The occupation of Eigenmann Hall is moving towards a mixed-use facility and the location of these services in a building that will house both faculty and students seems ideal. The original use of this space provided a full-service dining hall, but the current café concept is incorporated into the new design. The entire project, including fees and equipment, is estimated to cost $2,571,000. Appropriate State approvals have been received.
A list of approved change orders appears as an exhibit for information of the Board.
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