STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Board of Trustees of State University of New York June 29, 2010 (Subject-to-Correction) The Board of Trustees of State University of New York met on June 29, 2010 at 10:35 a.m. in the12th Floor Board Room, State University College of Optometry, 33 West 42nd Street, New York, New York, and at 1:05 p.m in the 18th Floor Board Room, Alumni Commons, State University College of Optometry, 33 West 42nd Street, New York, New York, pursuant to calls sent by the Office of the Secretary of the University on May 18, 2010. June 29, 2010 10:35 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Bellafiore; Dr. Ehrenberg; Ms. Gondar; Mrs. Lewin; Dr. Lichtman; Mr. McCall; Mr. Murad; Mr. Spielvogel; Mr. Staller; Ms. Warren-Merrick Trustee present via video in Brockport: Dr. O�Brien Trustee present via video in Stony Brook: Ms. Sanford Trustees absent: Mrs. Audi; Mr. Hunt; Dr. Noguera; Dr. Wachsman Also present: Mr. Belluck; Mr. Haddon; Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai 1:05 p.m. Trustees present: Mr. Hayden, Chairman; Mr. Bellafiore; Dr. Ehrenberg; Ms. Gondar; Mrs. Lewin; Dr. Lichtman; Mr. McCall; Mr. Murad; Mr. Spielvogel; Mr. Staller; Ms. Warren-Merrick Trustee present via video in Brockport: Dr. O�Brien Trustee present via video in Stony Brook: Ms. Sanford Trustees absent: Mrs. Audi; Mr. Hunt; Dr. Noguera; Dr. Wachsman Also present: Mr. Belluck; Mr. Haddon; Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai June 29, 2010 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 10:35 a.m. which was held in the 12th floor Board Room at the College of Optometry in New York City. Mr. Hayden welcomed new Trustee Marshall Lichtman from Rochester to the Board and invited him to speak. Dr. Lichtman said he is honored and impressed by the intellect, competency and collegiality of his colleagues on the Board and is ready to help confront the enormous challenges facing SUNY. Chairman Hayden also welcomed the newest Student Trustee, Julie Gondar, who succeeds Melody Mercedes and said Julie has been a great champion for the University and the students she represents. He expressed his gratitude for the position the students have taken with respect to the rational tuition policy and the Empowerment Act and invited her to address the Board. Ms. Gondar thanked the Board saying she is honored to have been elected to represent students and to serve on the Board. She said the students plan to work on legislation to reform student issues, that she is excited for the opportunity and pledges to work hard. Mr. Hayden said the Board is saying goodbye to one of its most distinguished colleagues, Bob Bellafiore. Chairman Hayden said Mr. Bellafiore has carried an extreme portfolio for SUNY which includes serving as a champion for Charter Schools and as a strong advocate for Community Colleges. He expressed his appreciation to him for his very sound, measured and helpful advice in dealing with political issues and thanked him for access to an array of opinion makers that would not have otherwise been available to us. Mr. Hayden said that Bob will be among those retired Trustees who will be honored at an upcoming celebration. The Chairman then invited Bob to address the Board. Mr. Bellafiore said his involvement with SUNY has taken him from a student at UAlbany, to a newspaper reporter covering SUNY, to the Executive Chamber working with SUNY policy, to a staff person with the Charter Schools Institute and finally, as a member of the Board of Trustees. He expressed appreciation to Board colleagues, Chairman Hayden and his predecessor, Chairman Tom Egan. Mr. Bellafiore addressed Chancellor Zimpher saying that this isn�t the beginning of the end, but rather the end of this phase of his involvement with this great University. Chairman Hayden then welcomed Joseph Belluck who succeeds Bob Bellafiore on the Board. He said Mr. Belluck is a graduate of Binghamton and the Buffalo University School of Law and becomes an official member of the Board on July 1, 2010. The Chairman also welcomed James Haddon, a leader in Municipal Finance in the State of New York who awaits Senate confirmation who will succeed our dear colleague, Aminy Audi, who served the Board with great distinction and who will be greatly missed. 2. CONVENING OF EXECUTIVE SESSION At 10:40 a.m., Mr. Hayden said he wished to call for an Executive Session under provisions of Section 105 of Article 7 of the Public Officers Law, as follows: S (1) (d) "discussions regarding proposed, pending or current litigation"; S (1) (f) "the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation." Upon motion of Mrs. Lewin, seconded by Ms. Warren-Merrick, it was unanimously agreed to convene an Executive Session for the purposes specified by Mr. Hayden. Mr. Hayden recessed the Executive Session at 1:00 p.m. 1:05 p.m. 3. RECONVENING OF PUBLIC MEETING On June 29, 2010 at 1:05 p.m., Mr. Hayden reconvened the Public Meeting, which was held in the 12th floor Board Room, Alumni Commons at the College of Optometry in New York City. Chairman Hayden acknowledged once again the newly appointed Trustees, Dr. Lichtman and Ms. Gondar, as well as Messrs. Belluck and Haddon. Mr. Hayden welcomed Presidents Hubert Keen (Farmingdale) and Ann Marie Murray (Herkimer) to today�s meeting. The Chairman observed that today is the first anniversary of the tenure of Chancellor Nancy Zimpher, highlighting her accomplishments to date which included visiting all 64 campuses and assembly of the broadest possible coalition is support of the Strategic Plan. He said she has put in place a series of organizational steps which are designed to inform and implement the plan and has rolled it out at a number of locations statewide. Chairman Hayden said the Chancellor has engaged political leadership, editorial boards, business and economic leaders and created a new image for leadership in a great university system. The Chairman expressed appreciation to the Chancellor for what she has achieved to date. Chancellor Zimpher thanked Chairman Hayden. She said while she enjoyed leading an individual campus, the state university system has the capacity to take great ideas to scale in a way that no other single institution could, and she is grateful for the privilege to serve the institution, the Board, our students, faculty and staff. Chairman Hayden then reported on the status of the SUNY Empowerment Act saying while it was a part of the final budget extender, it is not contained in the legislative budget. He said over the past two and one-half years, SUNY�s budget cuts will exceed $600 million, or approximately thirty percent over this timeframe. The Chairman said the idea underlying the SUNY Empowerment Act is to remove the restrictions which presently bind the University and permit us to compete on behalf of the people of the State of New York. Mr. Hayden said if this great institution is by virtue of these cuts destabilized, we will have done permanent damage to the concept of access and will have stifled opportunity in a way that can never be redeemed. He said we ask only for the authority to manage our own affairs. The Chairman said the SUNY Empowerment Act is still part of a potential revenue bill and we urge law makers to take another look to allowing this university to compete on behalf of the citizens it serves. 3.1 Approval of Minutes of the Board's Regular Monthly Meeting Held on May 11, 2010 Mr. Hayden asked for a motion to approve the proposed minutes of the Board's regular monthly meeting held on May 11, 2010. Upon motion of Mr. Murad, seconded by Mr. Spielvogel, the proposed minutes were unanimously approved as the official minutes of the meeting held May 11, 2010. Election of 2010-2011 Executive Committee Mr. Hayden then called for the approval of the resolution of the proposed composition of the Board�s Executive Committee for 2010-2011. Upon motion of Dr. Ehrenberg, seconded by Mrs. Lewin, the following resolution was unanimously approved. Resolved that the following Trustees be, and hereby are, elected to serve on the Executive Committee of the Board of Trustees for 2010-2011: Carl T. Hayden, Chairman, ex officio; Julie M. Gondar; Stephen J. Hunt; H. Carl McCall; John L. Murad, Jr., Carl Spielvogel, Cary F. Staller and Gerri Warren-Merrick, effective June 29, 2010. (2010-085) Mr. Hayden next called for the approval of the proposed Board meeting and public hearing schedule for 2010-2011. Upon motion of Dr. Ehrenberg, seconded by Mrs. Lewin, the schedule was unanimously approved. 4. APPOINTMENTS Appointment of C. Peter Magrath as Interim President of the State University of New York at Binghamton Chairman Hayden called for the presentation of the appointment resolution for the Interim President of Binghamton, and asked Chancellor Zimpher to speak. The Chancellor said it was of the highest priority to find a leader to serve as Interim President of Binghamton University who was somewhat familiar with this great campus. She said Dr. Magrath is a nationally recognized leader, President and Chancellor of esteemed institutions and most recently served as presidential advisor to the College Board. The Chancellor said most notably though, from 1972-1974, Dr. Magrath held the position of Binghamton�s President. She said it is with great enthusiasm that she recommends Dr. Magrath�s candidacy for the position of Interim President at Binghamton University. Upon motion of Dr. Ehrenberg, seconded by Dr. Lichtman, the following resolution was unanimously approved. Resolved that the appointment of Dr. C. Peter Magrath as Interim President of the State University of New York at Binghamton, at a State salary of $355,000 effective July 1, 2010, be and hereby is, approved. This appointment will continue until such time as the Board of Trustees, by resolution, appoints a successor. Binghamton University will lease a residence for Dr. Magrath, wherein he will be required to reside during his presidency, and he will be provided with an automobile from the University vehicle pool. (2010-086) Chairman Hayden then invited Dr. Magrath to speak. Dr. Magrath said it was a pleasure to be present today and expressed his appreciation to the Board for its support. He said he is looking forward to working both collectively and individually with the membership and affirmed his high regard for Chancellor Zimpher. Dr. Magrath said the Board has chosen the right leader for this incredibly important university system that is the power of New York. Mr. Hayden then asked Chancellor Zimpher to speak on the appointment of Dr. Donald Christian as Interim President at New Paltz. The Chancellor said Dr. Christian was appointed only nine months ago to the position of Provost at New Paltz, coming from a rich academic career at the University of Wisconsin, Minnesota-Duluth and the University of Montana. Chancellor Zimpher said with the departure of President Steve Poskanzer it is with the highest recommendation that we nominate Dr. Christian to serve in the role of Interim President at New Paltz. Upon motion of Mrs. Lewin, seconded by Mr. Spielvogel, the following resolution was unanimously adopted. Appointment of Dr. Donald P. Christian as Interim President at the State University of New York at New Paltz Resolved that the appointment of Dr. Donald P. Christian as Interim President of the State University of New York at New Paltz, at a State salary of $200,000 effective July 1, 2010, be and hereby is, approved. This appointment will continue until July 1, 2011 or until such time as the Board of Trustees, by resolution, appoints a successor, whichever is later. (2010-087) Chairman Hayden called upon Dr. Christian to address the Board. Dr. Christian said he is honored to have the opportunity to serve New Paltz and the SUNY system as Interim President, appreciates greatly the confidence in his ability to take on this challenge and is looking forward to working with everyone in the coming year. Mr. Hayden then called for the nomination of Kathryn Boor as Dean of the College of Agriculture and Life Sciences at Cornell University. Upon motion of Mr. Spielvogel, seconded by Mr. Murad, with Chairman Hayden abstaining, the following resolution was approved. Approval of the Appointment of Dr. Kathryn Boor as Dean of the College of Agriculture and Life Sciences at Cornell University Resolved that the appointment by the Cornell University Board of Trustees of Dr. Kathryn Boor as Dean of the College of Agriculture and Life Sciences at Cornell University for a five-year term, be, and hereby is, approved at a State salary of $200,000 effective July 1, 2010. (2010-088) Mr. Hayden said that he is abstaining due to the fact that he is from the same area as the nominee, but said it is a validation of her excellence. 5. CHANCELLOR�S REPORT Chancellor Zimpher began her report by stating there are two presidential searches currently underway at Binghamton and New Paltz. She welcomed the new members of the Board of Trustees and said we now have pending the full compliment of our Trustees which will make us a stronger and more integrated entity. Chancellor Zimpher acknowledged Trustee Bob Bellafiore, saying we are all indebted to him for being the backbone of the announcement process when she was named Chancellor. She said she values his colleagueship and looks forward to a continued relationship. The Chancellor went on to say that SUNY and the entrepreneurial century is our commitment to research and innovation and she complimented Fredonia and Albany for recent milestones in this area. She drew notice to two recent reports on the New York economic horizon which praised SUNY as a critical resource for New York�s economic recovery. The Chancellor also said there is more good news in that we received three very favorable reports from recent comptroller�s audits of the Nanoscale Science and Engineering Center. The Chancellor also spoke on the education pipeline highlighting a recently federally funded $20 million grant to the State Education Department for a statewide longitudinal database to record and codify student success and teachers in our universities statewide. The Chancellor also spoke on STEM � Science, Technology, Engineering and Mathematics initiatives throughout the state. She complimented SUNY and the Research Foundation for an unprecedented alliance led by Syracuse University to seek $120 million in federal grants to study sustainability systems for buildings. Other good news topics reported by the Chancellor included the SUNY Environmental Science and Forestry campus� collaboration on a waste energy project and Alfred University�s College of Ceramics receipt of a $1.2 million grant to develop high storage batteries to power hybrid trains and smart grid applications. The Chancellor said the Office of Capital Facilities reports energy use and costs are down across the system, resulting in a savings of more than $28 million in the third quarter of this year. She noted that our strategic plan commits us to a 30 percent reduction in energy use over the next ten years. The Chancellor highlighted a report from USA Today which stated that college towns experienced more economic growth during the economic downturn than any other localities. She said our point is that our 64 statewide campuses in and of itself, is added value for those towns and communities during tough economic times. The Chancellor also reported that the United National Global Compact and SUNY announced a collaboration for academic institutions implementing the principals of the UN Global Compact. She congratulated SUNY Orange on its 60th anniversary and noted that Vice Chancellor and Secretary, John O�Connor, was presented with the Presidential medal at St. Mary�s College�s commencement in May. Finally, the Chancellor commented on the Public Higher Education Empowerment and Innovation Act, the most comprehensive and substantial legislation introduced since the creation of the university 60 years ago. The Chancellor said it is important to keep our focus on the goal of the power of SUNY, which is the economic revitalization of the State of New York. She said regardless of the outcome, she wished to thank Governor David Paterson, the Department of the Budget, campus presidents, faculty, students and the SUNY leadership team for their support of this Act. Chairman Hayden said ordinarily at this meeting we would be acting upon a budget for the State University. He called upon Trustee McCall to report on the Finance and Administration Committee�s discussion. Mr. McCall said while they received a comprehensive report from Vice Chancellor Rimai regarding the progress, the budget is still a work in progress, showing very little progress. He said until we have a final budget we cannot act in terms of putting the University�s financial plan in place, so the committee will reconvene when there is an Executive Budget approval. Mr. Hayden said it was the intention of Chancellor Zimpher to bring a proposed administrative reorganization to accommodate the significant defunding of the University but because of the fact that we do not have a budget, we are also not in a position to take action at this time. The Chancellor said we have proposed $5 million in cuts and have taken action on $3 million of that reduction. She said while we are not at the mark yet, we have proposed realignment of our executive team, taking on more responsibilities with fewer personnel and with fewer funds. 6. CONSENT AGENDA ITEMS Chairman Hayden then called upon Secretary O�Connor for the resolutions from the consent agenda. Upon motion of Mr. Spielvogel, seconded by Mrs. Lewin, the following resolutions were unanimously adopted. Master Plan Amendment for the State University College of Technology at Delhi at Schenectady County Community College Resolved that the State University of New York Master Plan be, and hereby is, amended to authorize the State University College of Technology at Delhi at Schenectady County Community College to offer instruction leading to the Bachelor of Science degree in Criminal Justice, and be it further Resolved that the Chancellor be, and hereby is, authorized to transmit this amendment to the Board of Regents and the Governor for incorporation into the State University Master Plan. (2010-089) Acquisition of Property (Rochester) - State University of New York, Empire State College Whereas it is necessary for the purposes of the State University of New York, Empire State College to acquire real property hereinafter described; now, therefore, be it Resolved that the 11.192 acre parcel of real property situated in the City of Rochester, County of Monroe, New York, owned by Stephen W. Ross, Donald W. Ross and Susanne R. Aurand, as more fully described in the attached map, be purchased for the sum not to exceed $1,195,000, as established by a proper appraisal and an accurate survey and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such properties. (2010-090) Acquisition of Property (Saratoga) - State University of New York, Empire State College Whereas it is necessary for the purposes of the State University of New York, Empire State College to acquire real property hereinafter described; now, therefore, be it Resolved that the approximately 1.25 acre parcel of real property situated in the Town of Saratoga Springs, County of Saratoga, New York, owned by The 21 Aletta Street Partnership, as more fully described in the attached map, be purchased for a sum not to exceed $550,000, as established by a proper appraisal and an accurate survey and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such properties. (2010-091) Acquisition of Property (Brookhaven) - State University of New York, Empire State College Whereas it is necessary for the purposes of the State University of New York, Empire State College to acquire the real property hereinafter described; now, therefore, be it Resolved that the approximately 5.0 acre parcel of real property situated in the Town of Brookhaven, Hamlet of Selden, County of Suffolk, New York, owned by The County of Suffolk, as more fully described in the attached map, be purchased for the sum not to exceed $400,000 per acre, as established by a proper appraisal and an accurate survey and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such properties. (2010-092) Conveyance of Permanent Easement � SUNY Institute of Technology, State University of New York Whereas broadband and its ability to enable access to and use of advanced Internet applications is increasingly important to institutions of higher education; and Whereas broadband is critically important to the State University of New York, especially to SUNY Institute of Technology and its mission to advance education, research and economic development; and Whereas the Development Authority of the North Country (DANC) is seeking permission to install, on land owned by the State, a fiber optic communication line that would bring broadband capability to the SUNYIT campus; and Whereas DANC requires a permanent easement, the approximate location of which is indicated on the map attached hereto, to construct and maintain the new transmission structures; and Whereas the Commissioner of General Services is authorized and empowered to convey easements in the lands of The People of the State of New York; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized to take all steps necessary to execute or approve in the name of and on behalf of this Board, all documents, notices, maps, or any other instruments necessary or proper to effect conveyance of such easement pursuant to Section 3(2) of the Public Lands Law, subject to approval of the Commissioner of General Services. (2010-093) College of Nanoscale Science and Engineering, University at Albany � Albany Nanotech Complex Whereas, pursuant to chapter 132 of the Laws of 1990, as amended by chapter 40 of the Laws of 1993, the State University entered into a ground lease with Fuller Road Management Corporation (�FRMC�) of lands under the jurisdiction of the University at Albany (�Campus�) for the development, construction, and operation of a research and development incubator facility, devoted to research and applied technology, including, but not limited to, technology management and environmental and atmospheric sciences, and the development of commercial, agricultural and industrial applications of atmospheric sciences information; and Whereas, pursuant to chapter 643 of the Laws of 1997, the State University, by an agreement dated August 2, 2000, amended the ground lease to lease additional real property of the Campus to FRMC for the purpose of constructing a wing on the research and development incubator facility to support additional research facilities to be funded by active partnerships between government and private industry, in furtherance of the Campus' legislatively mandated mission of research; and Whereas, pursuant to chapter 541 of the laws of 2005, the State University, by an agreement dated September 7, 2005, amended the ground lease to lease additional lands of the Campus to FRMC for a period not to exceed 40 years for the development, construction, and operation of a new basic research, technology outreach, business development and office complex; and Whereas FRMC wishes to ground lease additional real property of the Campus and the Campus wishes to ground lease additional Campus real property to FRMC, for a period not to exceed 45 years, to support a planned major expansion of FRMC�s facilities (the �Albany Nanotech Complex�) that house the Campus� College of Nanoscale Science and Engineering (CNSE) to accommodate the planned and immediate growth of CNSE research, educational, and commercialization programs in the nanotechnology disciplines of nanoelectronics, nanobiotechnology, and green energy and to further the unprecedented strategic technology and commercialization partnerships that have been established at CNSE among academia, industry and government (the �Project�); and Whereas legislation is required to authorize the State University to lease additional real property of the Campus to FRMC; and Whereas the New York State Public Higher Education Empowerment and Innovation Act, Part E of A. 9707-A/ S. 6607-A (�PHEEIA�), introduced by the Governor and pending in the Legislature, authorizes such a ground lease; and Whereas FRMC proposes to undertake the Project in accordance with the principles set forth in the PHEEIA applicable to such ground lease and public-private partnerships; now, therefore, be it Resolved that the State University supports the Project which will further the mission and purposes of the Campus and CNSE; and be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take actions necessary or appropriate to undertake the proposed Project. (2010-094) University at Albany � Transfer of Jurisdiction of Land From the New York State Department of Transportation Whereas the University at Albany (�University�) seeks to acquire an approximately 5.90 acre parcel of land adjoining the northwest corner of the University�s Uptown Campus for the purpose of leasing the parcel to Fuller Road Management Corporation (�FRMC�) to accommodate the planned expansion of FRMC�s Albany Nanotech Complex that houses the University at Albany�s College of Nanoscale Science and Engineering (CNSE) to support the growth of CNSE research, educational, and commercialization programs; and Whereas, as title to the parcel is held in the name of The People of the State of New York and under the jurisdiction of the New York State Department of Transportation (�DOT�), jurisdiction over the parcel must be transferred from DOT to the State University of New York (�SUNY�) in accordance with the provisions of the New York Public Lands Law; now, therefore, be it Resolved that it is necessary for the educational purposes of the University for SUNY to assume jurisdiction over certain real property owned by The People of the State of New York and under the jurisdiction of DOT; and, be it further Resolved that SUNY assume jurisdiction, with the approval of the Commissioner of DOT, over the real property adjoining the northwest corner of the University�s Uptown Campus, as more particularly shown on the map attached hereto; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the assumption of jurisdiction over and possession of such real property, including making a request to the Commissioner of General Services for a transfer of jurisdiction to SUNY. (2010-095) Transfer of Jurisdiction of Land � University at Albany Whereas the New York State Department of Transportation has requested that the State University consent to the transfer of jurisdiction to the Department of Transportation of certain lands under the jurisdiction of the University at Albany, which the Department of Transportation deems necessary for improvements to the State highway system; and Whereas the subject land is more particularly shown on the map attached hereto, containing 5.90 acres more or less; and Whereas Public Lands Law �3(4) authorizes the Commissioner of General Services to transfer jurisdiction of State land from one State entity to another, upon the consent of the State entity which has jurisdiction over such land or upon the Commissioner�s own initiative; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized, in the name of and on behalf of this Board, to consent to the transfer of jurisdiction over such land to the New York State Department of Transportation for the sole purpose of necessary improvements to the State highway system, and to execute and approve all documents, notices, maps or any other instruments necessary or proper to effect transfer of jurisdiction over such land to the New York State Department of Transportation for such purpose. (2010-096) Broad Hollow Bioscience Park -- Farmingdale State College Whereas the State has invested resources in development of capital facilities of the Broad Hollow Bioscience Park (�BHBP�) upon the grounds of Farmingdale State College, where successful public-private partnerships have already attained some success; and Whereas the establishment of a ground lease to replace the current operating arrangement will greatly enhance the capacity for further development of BHBP through the facilitation of procedures more consistent with those of private industry, especially the type of incubator and small start-up companies that constitute the potential tenants of the park; and Whereas legislation is required to authorize Farmingdale State College to enter into a ground lease; and Whereas the New York Public Higher Education Empowerment and Innovation Act, Part E of A. 9707-A/S.6607-A (�PHEEIA�), introduced by the Governor and pending in the Legislature, authorizes such a ground lease; and Whereas Farmingdale State College will benefit through the more extensive development of public-private partnerships in accord with the principles set forth in the PHEEIA; and Whereas a more effective operating arrangement for the BHBP will foster economic development on Long Island through the nurturing of a vigorous high-technology research community, the development of marketable products in small start-up and incubator companies; now, therefore, be it Resolved that the State University supports the establishment of a ground lease for the further development of Broad Hollow Bioscience Park; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take actions necessary or appropriate to undertake a ground lease for the Broad Hollow Bioscience Park. (2010-097) Naming of C.N. Yang Hall and Paul C. Lauterbur Hall � State University of New York at Stony Brook Resolved that the naming of two new undergraduate residence halls at the State University of New York at Stony Brook as C.N. Yang Hall and Paul C. Lauterbur Hall be, and hereby are, approved. (2010-098) Naming of two American Bureau of Shipping Academic Chairs and Lecture Hall � Maritime College Resolved that the establishment and naming of two American Bureau of Shipping academic chairs at the State University of New York Maritime College be approved in Naval Architecture and Marine Engineering, and Marine Transportation, and be it further Resolved that the naming of the American Bureau of Shipping Lecture Hall at the State University of New York Maritime College be, and hereby is, approved. (2010-099) Residence Halls Program Bonds Whereas pursuant to Resolution 95-181, adopted September 20, 1995, State University of New York entered into a program with the Dormitory Authority of the State of New York for the acquisition, construction and improvement of State University residence halls and related facilities; and Whereas pursuant to Resolution 2003-82, adopted September 16, 2003, the program for residence halls and related facilities was restructured; and Whereas the Dormitory Authority adopted on September 25, 1995, and amended and restated on September 24, 2003, the Lease Revenue Bond Resolution (State University Dormitory Facilities Issue) (as amended and restated, the �Bond Resolution�), pursuant to which bonds are issued to finance the program; and Whereas the State University and the Dormitory Authority propose to issue bonds under the Bond Resolution to finance the costs of residence halls facilities; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute and deliver, in the name and on behalf of the State University of New York, such documents as may be found appropriate to effectuate the purposes hereof, and to take steps necessary and appropriate to enable the Dormitory Authority of the State of New York to finance the costs of residence halls facilities in amounts authorized by the State Division of the Budget to support expenditures with respect to the State�s 2010-11 fiscal year, consistent with enacted capital appropriations. (2010-100) Approval of Community College Capital Project Budgets � Hard Dollar COLUMBIA-GREENE COMMUNITY COLLEGE Resolved that the capital budget for Columbia-Greene Community College, State�s share in the amount of $35,546 of the total capital cost of $71,092 for the Indoor Mass Notification Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-101) ERIE COMMUNITY COLLEGE Resolved that the capital budget for Erie Community College, State�s share in the amount of $557,500 of the total capital cost of $1,115,000 for the Renovation and Upgrade of Several Academic Labs at North Campus Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-102) Facility Use Revenue � Erie Community College Whereas pursuant to Education Law �6306(4), income derived from the use of community college real property, title to which vests in the local sponsor, may be used to provide any part of the local sponsor�s share of capital or operating costs, subject to the consent of the State University trustees; now, therefore, be it Resolved that commencing with the 2009-2010 college fiscal year, income derived from the use of Erie Community College�s real property, including income generated from such use by Erie Community College�s auxiliary services corporation and/or foundation, may be used to provide a portion of the local sponsor�s share of capital costs; and, be it further Resolved that Erie Community College may maintain these funds in a restricted reserve account until the funds are needed to be transferred to Erie County as a portion of the local sponsor�s share of capital costs. (2010-103) 2010 Optional Retirement Programs Whereas legislation has been enacted (Ch. 105 L. 2010, A11144) that offers two retirement incentives, set forth in Parts A and B of the legislation, to certain eligible employees of the State-operated campuses, the statutory and contract colleges, and System Administration; and Whereas the legislation will assist the University in achieving permanent cost savings and in preparing for the 2010-2011 academic year; now, therefore, be it Resolved that the State University Board of Trustees elects to provide employees of the State-operated campuses, the statutory and contract colleges, and System Administration with coverage of Parts A and B of the retirement incentive legislation. For individual State-operated campuses and the statutory and contract colleges, each President or unit head, or designee, as the case may be, shall determine which titles shall be eligible for participation in the program, and for System Administration, the Chancellor, or designee, shall determine which titles shall be eligible for participation; and, be it further Resolved that the Chancellor, or designee, with respect to System Administration, and the Presidents and unit heads, or designees, with respect to the State-operated campuses and statutory and contract colleges, respectively, be, and hereby are, authorized to take the necessary actions to implement the enacted retirement incentive programs for those eligible employees, including determining the date or dates upon which the open periods of not less than thirty days nor more than ninety days for Part A and of ninety days for Part B shall commence. (2010-104) Upon motion of Mr. Spielvogel, seconded by Mrs. Lewin, with Ms. Gondar abstaining, the following resolution was adopted. Degree Authorization for the State University of New York at Buffalo Resolved that the Chancellor be, and hereby is, directed to seek the authorization of the Board of Regents for the State University of New York at Buffalo to confer the degree of Doctor of Nursing Practice (D.N.P). (2010-105) Upon motion of Mr. Spielvogel, seconded by Mrs. Lewin, with Mr. Bellafiore abstaining, the following resolution was adopted. Acquisition of Community General Hospital by SUNY Upstate Medical University Whereas SUNY Upstate Medical University (�Upstate�) has determined that the acquisition of Community General Hospital (�CGH�) will benefit Upstate�s academic and clinical mission; and Whereas Upstate and CGH entered into a Confidentiality Agreement on June 2, 2010 for the purpose of exploring potential strategic transactions between the two hospitals in support of their respective missions and operations, and have been working cooperatively with all stakeholders to explore a possible transaction involving an asset acquisition of CG by Upstate; and Resolved that the Board of Trustees hereby determines that the State University shall support the acquisition of CGH by Upstate if it is determined that this transaction is in the best interest of Upstate; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized, if it is so determined to be in the best interest of Upstate, to take all steps necessary or appropriate to implement the acquisition of CGH, including the execution of any necessary or appropriate documents, notices or other instruments. (2010-106) Upon motion of Mr. Spielvogel, seconded by Mrs. Lewin, with Mr. McCall abstaining, the following resolution was adopted. Federal Grants to Charter Schools Resolved that the Federal Charter Schools Program (CSP) grants of the types and to the entities identified below, in the amounts specified, be, and hereby are, approved with such conditions and restrictions as the Charter Schools Institute deems necessary and appropriate: * Our World Neighborhood Charter School (Queens), $250,000, for dissemination activities over a 24-month program period; and * Icahn Charter School 5 (Brooklyn), $38,771, which will be in addition to the $532,651 previously awarded by Resolution No. 2010-078 on May 11, 2010, for a total CSP award of $571,422, for planning and implementation activities over a 36-month program period. (2010-107) 6. OTHER BUSINESS Chairman Hayden called upon Secretary O�Connor to report on the realignment of the Board Committees. Mr. O�Connor stated we are reducing the number of Board committees from 12 to eight. He said those committees are: the Executive Committee, which is required by statute and by the policies of the Board; the Audit Committee, which will function as it did in the past; the Academic Affairs Committee, which will now encompass all of the past sector committees including community colleges, comprehensive and technical colleges, university research centers and student life; the Research and Economic Development Committee, a focus of the Strategic Plan and the Entrepreneurial Century; and as a Research Economic Development Committee, will work in collaboration with the Research Foundation and the R.F. Board; the Finance and Administration Committee, which will continue as in the past which includes capital facilities; the Academic Medical Centers and Hospital Committee, which also will continue as in the past; the Education Committee; which will include Charter Schools, the education pipeline, and teacher education; and, finally, the Communications and External Affairs Committee, which will be expanded to include philanthropy, state and federal relations and alumni relations. Mr. O�Connor said earlier today, the Board approved a newly created two-day Board meeting schedule, with day one comprised of committee meetings which will carry over, if necessary, to the second day when the full Board will meet. Secretary O�Connor said this will allow improved coordination, better communication and interaction between all committees. Chairman Hayden then called upon Faculty Council President, Tina Good, who welcomed Julie Gondar to the Board and congratulated the Chancellor on her first anniversary. Mary Adams, President of the New York Community College Trustees, said she is most interested in the new committee structure, thanked the Trustees for their recent appointment of Nassau Community College President Astrab, and expressed gratitude for the continuation of the office of Vice Chancellor for Community Colleges. She said Community Colleges are an integral part of the power of SUNY. Chairman Hayden recognized former Student Assembly President and Trustee Donald Boyce in attendance at today�s meeting. He expressed appreciation and bid farewell to David Henahan, who will be leaving the Communications Office in System Administration for a position at Empire State College. 7. ADJOURNMENT There being no further business, upon motion of Mr. Bellafiore, seconded by Mr. Spielvogel, the Public meeting was adjourned at 2:05 p.m. 18 -21- Board Minutes June 29, 2010