STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Board of Trustees of State University of New York March 23, 2010 (Subject-to-Correction) The Board of Trustees of State University of New York met on March 23, 2010 at 10:30 a.m. in the 12th Floor Board Room, State University College of Optometry, 33 West 42nd Street, New York, New York; and at 12:20 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 February 17, 2010. March 23, 2010 10:30 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Bellafiore; Mr. Hunt; Ms. Lewin; Mr. McCall; Ms. Mercedes; Mr. Murad; Dr. Noguera, Dr. O�Brien; Mr. Staller; Ms. Warren-Merrick Trustees present via video in Albany: Dr. Ehrenberg Trustees absent: Mrs. Audi; Ms. Sanford; Dr. Spielvogel; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai 10:30 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Bellafiore; Mr. Hunt; Ms. Lewin; Mr. McCall; Ms. Mercedes; Mr. Murad; Dr. Noguera, Dr. O�Brien; Mr. Staller; Ms. Warren-Merrick Trustees present via video in Albany: Dr. Ehrenberg Trustees absent: Mrs. Audi; Ms. Sanford; Dr. Spielvogel; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai March 23, 2010 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 10:30 a.m. which was held in the 12th floor Board Room at the College of Optometry, 33 West 42nd Street, New York, New York. Mr. Hayden welcomed everyone and formally introduced the two newly confirmed members � Trustees Eunice Lewin and Ronald Ehrenberg to the Board. Mr. Hayden stated Ms. Lewin, confirmed in February, is from Buffalo and serves as a bilingual social worker for the Buffalo Board of Education. He then invited Ms. Lewin to speak. Ms. Lewin said she was born in Cuba, has resided in Buffalo for the past 36 years and is a University at Buffalo alum. She stated education and public service are her passions and that she has already begun, and is looking forward to visiting all campuses in the system. Ms. Lewin said it is an honor and privilege to serve on the Board of Trustees. Mr. Hayden then called upon Dr. Ehrenberg, congratulating him on his long-awaited confirmation by the Senate. Dr. Ehrenberg thanked the Board and said he has much to pay back as he and many members of his family have been educated in the SUNY system. He hopes to see SUNY prosper and will lend his professional expertise to the Board during his term. Chairman Hayden said Trustee Lewin has agreed to serve on the Audit, Community College and Student Life Committees; Trustee Ehrenberg will serve on the Academic Affairs and University Research Committees; and, Trustee Hunt has agreed to serve on the Health and Hospitals Committee with Trustee Russell�s departure from the Board. 2. CONVENING OF EXECUTIVE SESSION At 10:35 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 Ms. Warren-Merrick, seconded by Mr. Murad, it was unanimously agreed to convene an Executive Session for the purposes specified by Mr. Hayden. Mr. Hayden recessed the Executive Session at 12:10 p.m. 12:20 p.m. 3. RECONVENING OF PUBLIC MEETING On March 23, 2010 at 12:20 p.m., Mr. Hayden reconvened the Public Meeting, which was held in the 18th Floor Board Room at the College of Optometry, 33 West 42nd Street, New York, New York. He said a video link for the meeting was established at SUNY Plaza in Albany, where Trustee Ehrenberg was participating in today�s meeting. 3.1 Approval of Minutes of the Board's Regular Monthly Meeting Held on January 19, 2010 and Executive Committee Meeting held on February 11, 2010. Mr. Hayden asked for a motion to approve the proposed minutes of the Board's regular monthly Meeting of the Board of Trustees held on January 19, 2010. Upon motion of Dr. Noguera, seconded by Mr. Hunt, the proposed minutes of the Board�s regular monthly meeting held January 19, 2010 were approved as the official minutes of that Meeting. Mr. Hayden then called for a motion to approve the proposed minutes of the Executive Committee meeting of the Board of Trustees held February 11, 2010. Upon motion of Dr. Noguera, seconded by Mr. Hunt, the proposed minutes of the Executive Committee meeting of the Board of Trustees held February 11, 2010 were approved as the official minutes of that Meeting. Denial of Application for Charter Renewal of the New Covenant Charter School (Albany) Mr. Hayden stated that because of logistical issues, the first topic of discussion would be Charter Schools. He thanked Committee Chairman, Dr. Pedro Noguera for the passionate and thorough manner he handled not only the issue of New Covenant Charter School, but all of the issues which have fallen to him as Chair of the Committee. Dr. Noguera then acknowledged fellow committee members, Mr. Hunt and Mr. Spielvogel for their service. Dr. Noguera said while there are a number of issues the Committee has dealt with, he would begin today by discussing the recommendation of the committee to not recommend the charter renewal for the New Covenant Charter School. He said a year ago, a decision was rendered to grant New Covenant, an underachieving school located in the Albany School District, an additional year to improve its student�s academic performance. At the January 11, 2010 Board of Trustees meeting, the Charter School Committee recommended that New Covenant�s charter be revoked and the school dissolved. Dr. Noguera noted while the school has made progress in some areas and has raised test scores to 67%, it still fell short of the 75% benchmark set by the Charter School Institute. He noted that the Trustees have been provided with a volume of detailed information on the studies conducted and wished to note that it was an extremely difficult decision to make. However, he added, it was one which the committee spent a great deal of time deliberating keeping mindful of the charge to the Trustees of the responsibility to insure the integrity and accountability of Charter Schools. Dr. Noguera said there were members from the New Covenant Charter School as well as representation from the Albany School District who would address the Board. Mr. McCall called upon the Chairman to inquire if it has been the past practice of the Board to allow testimony from affected parties. Mr. Hayden responded that due to the content of the issue and not to set a general precedent, we are allowing the New Covenant and Albany School District representatives to address the Board today. He added with the closing of New Covenant Charter School the question has become, as Trustees for the children, are we satisfied with the alternatives being offered to those children. Chairman Hayden then called upon New Covenant Charter School principal, Mr. Jecrois Jean-Baptiste to address the Board. Mr. Jean-Baptiste thanked the Chairman and members of the Board for affording him the opportunity to speak. He began by saying the school currently serves 397 children from several school districts in the area, choosing New Covenant mostly because of low performance in their home school districts. Mr. Jean-Baptiste said the families have asked him to plead to the Board in its decision to vote for the renewal of the charter of the New Covenant School. He stated that the school is in an excellent financial state today due to the deferment of up to $3.4 million by the bondholders of Victory Schools, its management company, as well as the establishment of an additional $500,000 reserve fund. Mr. Jean-Baptiste spoke in detail on the progress made since last year, when the Board granted a one-year extension of its charter and stated proficiency has improved from 48% to 67% during this timeframe. Mr. Jean-Baptiste said the Charter School Institute has declared that the term �coming close� to meeting 75% proficiency is defined by percentile rank and grade inflation; however, he noted neither of these two terms is contained in the Charter School Renewal Handbook. He again encouraged the Board to vote to keep the school open and renew its charter. Chairman Hayden then called upon representatives from the Albany City School District to address the membership. Judy Doesschate, Vice President of the Board of Education introduced fellow board member, Dr. Rose Brandon, Secretary to the Board, and Arbor Hill Elementary School Principal, Rosalyn Gaines Harrell, thanking the Board for the opportunity to speak. She assured the audience that if a decision is made to close New Covenant, the Albany City School District is prepared to welcome all students from New Covenant who reside in Albany school district, and will provide a smooth transition to students and families, provide all students with a strong education program and support services to ensure the success of every child. She highlighted facilities improvements made over the past decade, including the reopening of Arbor Hill Elementary School in September 2009. Ms. Doesschate said the district has eleven elementary schools, housing a maximum of 300-400 students. Eight of these schools are predominantly neighborhood-based schools and three are magnet schools. She said during the past year all elementary and middle schools met the state benchmark under the �No Child Left Behind� law. Ms. Doesschate noted that the students at the Arbor Hill Elementary School at the fourth grade level, including special needs children, exceeded the ELA score by 20%; math scores at this level were approximately 33%. She referred the group to the comprehensive study done by Jonas Chartock for more details. In closing, Ms. Doesschate said she appreciates the difficult decision before the Board and assures that the Albany School District is ready and able to accommodate all students, providing a wealth of choices for parents and students. Chairman Hayden then called upon Jonas Chartock, Executive Director of the Charter Schools Institute to clarify competing claims that New Covenant has not met the agreed upon standard contained in its charters, and to explain the findings of the Institute relative to both the facility and programmatic sides of the equation relative to the capacity to accept the students from New Covenant. Mr. Chartock said from a programmatic stand point the Institute�s findings were that the options being afforded to students displaced through the closing of New Covenant would make them no worse off across the board, and in some cases, may be better. Approximately 118 out of 400 Albany students would be rezoned to Arbor Hill. He said across the board, academically the school district does out perform New Covenant. However, he said, the Institute�s measure is to look at students who are tested in subsequent years, in this case, two years. When viewed in this manner, Mr. Chartock said the academic accountability plan measures show that New Covenant is slightly outperforming the district. He said New Covenant School is an underperforming school in, frankly, an underperforming district. Mr. Hayden called upon Dr. Pedro Noguera, Chairman of the Charter Schools Committee for final comment. Dr. Noguera said the decision to close the school was not a unanimous decision, that he was the sole dissenter. He stated he voted not to close the school as it is an extreme action that should be a last resort. However, he said, at the same time he believes there is no question that the Institute did a thorough job in analyzing the school�s data without bias. Dr. Noguera said he believes the Albany School District has made a case that they can easily accommodate these students. However, he said, schools create a sense of community for children, providing stability and that should not be taken lightly. He said it is a balancing act, the responsibility vested in the Trustees in issuing and authorizing charters that must not be taken lightly. Dr. Noguera said we have a responsibility for the integrity on how decisions are being executed and although he has reservations, he has no doubt in the approach taken by our staff in making this recommendation to the Board. Mr. Hayden said this is a test of whether or not we as a Board are prepared to be accountable when it comes to assessing if a school has or has not met its obligation under its contact, the charter. He said looking back at the eleven year history of New Covenant, it came into existence arguably without adequate planning and has struggled to keep up. Chairman Hayden said this is not about second chances, but rather a question of whether to give yet another chance in a long line of second chances. He said we find ourselves in the same position as we were a year ago when the Board agreed to not follow the recommendation of the Charter Schools Committee to close the school, but instead exercised its discretion and allowed time to wait to see if the next round of test scores met the standard. Chairman Hayden said charter schools are different as they commit to an agreed level of performance, and while Mr. Jean-Baptiste is a wonderful administrator, the fact is that New Covenant did not meet its agreed upon standard. He said the question before the Board now becomes as trustees for the children, will they go to at least as good of a school within their respective host district, which he believes they will. Mr. Hayden said he is concerned that each year New Covenant loses one-third of its third grader students, that there is immense teacher turnover and the lateness of the offer of a new financial arrangement by the Victory School bondholders. He then asked for comments from any other Trustees. Mr. McCall said he would state once again, that the Board, responsible for the oversight of 64 campuses of higher education in New York State, should not be put in the position of having to make this most difficult decision today. He said he feels that Charter School administration and authorization has no place in our mission and that we should consider whether we wish to continue to fulfill this obligation which has been thrust upon us. Hearing no other comments, Chairman Hayden called for the role vote for the resolution. Upon motion of Dr. Noguera, seconded by Mr. Hunt, the following resolution was approved by a vote of four to one (4-1), with six (6) members abstaining: Resolved that the subsequent charter renewal application of New Covenant Charter School (the �School�), located in Albany, be, and hereby is, denied for the reasons set forth in the Charter Schools Institute�s renewal report that was provided to the Board of Trustees (copies on file in the Office of the Vice Chancellor and Secretary of the University and in the Albany office of the Charter Schools Institute); and be it further Resolved that the Charter Schools Institute, acting for the Board of Trustees, be, and hereby is, directed to take steps necessary and appropriate to close the School, terminate the charter and assist the School and the Board of Regents in the dissolution of the School corporation and/or the revocation of its certificate of incorporation. (2010-016) [Secretary�s Note: "Education Law section 353(2) and the By-Laws of the State University require the affirmative vote of a majority of the trustees present in order to approve a resolution. Because the resolution did not receive sufficient affirmative votes, it was determined subsequent to the meeting that the resolution was not approved."] Mr. McCall inquired as to if the vote was a majority vote, having four out of 15 trustees present. Mr. Rostow, University Counsel, answered in the affirmative, that the resolution passed four to one, with six abstentions. 4. CHANCELLOR�S REPORT Chancellor Zimpher began her report with a summary of �good news� items since the Board�s last meeting. The first item related to student mobility where progress has been made in the area of insuring that introductory courses in the majors have the type of access to transfer guarantee relative to the gen ed curriculum. She said the intent is to create a process where we could identify in advance, those courses in a student�s major that would also transfer to general education courses at both the two and four year campuses. Chancellor Zimpher said in addition we are now engaging faculty members in looking at courses typically taken in baccalaureate programs focusing on 90% of the transfer activity. She said the next step is managing the major courses in the transfer modules and to hopefully go live this summer on a website which will enhance student mobility as well. The Chancellor reported on a visit to the College of Nanoscale Science and Engineering at UAlbany where Frank Murray, CEO of NYSERDA, announced a new clean energy incubator named �I-Clean� which will house its first tenant, Magnolia Solar Corporation. Mr. Murray had previously announced a facility at Stony Brook, the Long Island High Technology Incubator following the establishment of the New York Energy Policy Institute at Stony Brook. Dr. Zimpher also reported on a Lego Expo at UAlbany by Dr. Jennifer Goodall of the College of Computing and Information. She said Lego construction projects, inspired by the theme of energy and transportation, is a fine model of SUNY�s relationship with the elementary and secondary curriculum and college curriculum in the world of computing and information sciences. The Chancellor reported on the issuance of SUNY at Sixty by SUNY Press, a much anticipated book that chronicles the 60 year history of the State University of New York. She added that Trustee Ken O�Brien was one of the editors of this book. Chancellor Zimpher noted that Trustee Linda Sanford has agreed to co-chair the Advisory Council for the New York in the World Project, being conducted by the Levin Institute and funded by a $300,000 grant from the Carnegie Corporation, which will utilize research and public engagement to examine and address the impact of globalization on New York City and New York State. Dr. Zimpher reported that New Paltz Students for Sustainable Agriculture held a conference on the global food crisis on March 6th. She also mentioned that five SUNY Delhi students recently won a regional cooking championship in the American Culinary Federation�s student team northeast region championship. The Chancellor complimented the Rockefeller Institute of Government on the issuance of two reports; one on non-resident tuition which found that increases do not necessarily produce more revenue due to market competition; and second, a report analyzing the role of higher education in economic development, which is most germane to our strategic planning. Finally in the good news category, the Chancellor reported the Corporation for National and Community Service announced its 2009 President�s Higher Education Community Service Honor Roll, noting that 20 SUNY campuses were listed. She said Binghamton and Empire State College made the honor roll with distinction. Chancellor Zimpher then updated the Trustees on SUNY�s strategic planning process. She said since we last met, they�ve held two conversations at Stony Brook - one on Energy and Sustainability and a Research and Innovation symposium; at Plattsburgh on Quality of Place, at the SUNY Global Center in New York City for a global affairs symposium and, finally, at UAlbany on Health Affairs. She said that now that the statewide conversations have been completed, the next steps will be to travel on April 13, 14 and 29 to promote advocacy and launch the plan. Dr. Zimpher said much time has been spent recently by SUNY leadership teams and campus presidents, meeting with legislative representatives on the governor�s introduction in the budget of the Public Higher Education Empowerment and Innovation Act. The Chancellor then gave an update on Binghamton athletics. She wished to make abundantly clear the support of SUNY for intercollegiate athletics and the relationship of intercollegiate athletics to academics. Dr. Zimpher summarized the results of the investigation conducted by Judge Judith Kaye and discussed steps being taken as a result. She said proactive actions have been taken to ensure that the academic integrity of Binghamton and the system overall is maintained. Chancellor Zimpher said Dr. David Lavallee will lead this effort on behalf of System Administration and that he will serve on the Binghamton search committee in anticipation of President DeFleur�s retirement in July 2010. In the meantime, the Chancellor said we are in the process of identifying an interim president, one with Division I athletic experience among several other required qualifications. Dr. Zimpher then announced a newly created position held by Dr. Roger Westgate, who will serve as a special advisor for academics and athletics for System Administration. She introduced Dr. Westgate, stating he is a former dean of the Watson School of Engineering and Applied Sciences at Binghamton, who currently serves at the Bartle professor in electrical and computing engineering. Dr. Zimpher said the incident with Binghamton athletics makes us better and stronger relative to the oversight of academic and athletics. She said without the intent to micromanage academic or collegiate athletic experiences, Dr. Westgate will work with the NCAA on compliance issues, a role that will move the Binghamton issues to a system wide review. Dr. Zimpher said the Board will be given an annual report on system leadership and the collegiate athletic activities of all SUNY campuses. She said she feels it is her responsibility as Chancellor to guide the development of principles and aspirations for each of the 64 campuses relative to collegiate athletics and the integration with academics and to involve the Trustees in the appropriate ways forthcoming. 5. RESOLUTIONS Appointment of Dr. Shaun L. McKay as President � the State University of New York Suffolk County Community College Upon motion of Mr. McCall, seconded by Ms. Mercedes, the following resolution was unanimously adopted: Resolved that the appointment of Dr. Shaun L. McKay as President of Suffolk County Community College, at a salary of $230,000, effective March 24, 2010 as approved by the Board of Trustees of that College, be and hereby is approved. (2010-017) Chairman Hayden congratulated Dr. McKay who then introduced his family and members of the Suffolk College council, stating he appreciates the opportunity to serve and is looking to working with the Trustees. Appointment of Aaron M. Podolefsky as President � the State University of New York - Buffalo State College Upon motion of Mrs. Lewin, seconded by Ms. Mercedes, the following resolution was unanimously adopted: Resolved that the appointment of Aaron M. Podolefsky as President of Buffalo State College, at a state salary of $225,000, effective July 1, 2010, be and hereby is, approved. (2010-018) Mr. Hayden congratulated Dr. Podolefsky who then introduced his wife, Bonnie, a civil rights attorney who practices in Iowa and Missouri. He also introduced Mr. Howard Zemsky, chair of the search committee, who, Dr. Podolefsky commented, ��did a wonderful job.� Dr. Podolefsky said he was honored and humbled by the opportunity to serve and will work with all diligence to advance SUNY�s agenda. 6. CONSENT AGENDA ITEMS Awarding of Honorary Degrees Upon motion of Ms. Warren-Merrick, seconded by Mr. Murad, the following resolutions were unanimously adopted: Resolved that the candidates for Honorary Degrees set forth in a listing which has been filed with the Secretary of the University under date of March 23, 2010 be, and hereby are, approved for conferral of such degrees on the dates and at the places specified in the listing, in accordance with the Guidelines for the Awarding of Honorary Degrees, as last amended by Resolution 90-49, dated March 29, 1990. (2010-019) Stony Brook University Hospital � Quality Assessment Review Board Whereas by Resolution 2007-28, adopted March 20, 2007, the State University Board of Trustees established the Quality Assessment Review Board for Stony Brook University Hospital; and Whereas Resolution 2007-28 provides that the members of the Quality Assessment Review Board shall be appointed by the State University Board of Trustees upon the recommendation of the Chancellor, in consultation with the President of Stony Brook University; now, therefore, be it Resolved that David Acker be, and hereby is, appointed as a member of the Quality Assessment Review Board for a three year term. (2010-020) Tuition for Students Affected by Earthquake in Haiti Whereas this Board has already spoken of its wish to assist and provide coordinated humanitarian efforts for the victims of the January 12, 2010 earthquake in Haiti; and Whereas a number of SUNY campuses have enrolled as students, Haitian nationals who have been displaced as a result of the consequences of the devastating natural disaster in that country and will be seeking to enroll additional students from this country; and Whereas the U.S. government has extended eligibility for Temporary Protected Status to holders of nonimmigrant visas from Haiti in recognition of the impacts of the earthquake on their ability to return to that country and to maintain their residency abroad; and Whereas this Board wishes to extend the benefit of resident tuition to affected students who are Haitian nationals as a humanitarian response which acknowledges these students� inability to return to their home; and Whereas it is estimated that this benefit will affect between 45 and 60 students University- wide currently and more in the future; now, therefore, be it Resolved that the Chancellor or designee be, and hereby is authorized to amend the State University of New York Guidelines on Residency for Tuition Purposes to make graduate and undergraduate students enrolled in the State-operated institutions of the State University of New York, who are attending these institutions on non-immigrant visas and are Haitian nationals, eligible for resident tuition for the Spring 2010 semester through the Spring 2011 semester; and be it further Resolved that the Boards of Trustees of the community colleges operating under the program of the State University of New York are hereby encouraged to act consistent with this policy. (2010-021) Naming Opportunities Policy and Procedure Whereas by Resolution 2005-21, adopted January 25, 2005, the State University Board approved the �Policy and Guidelines for Naming Opportunities on State University of New York Campuses� (�2005 Naming Opportunities Policy�), and authorized the Chancellor or designee to establish administrative guidelines to implement the Policy; and Whereas on May 26, 2005, and in accordance with Resolution 2005-21, Chancellor King promulgated the �Chancellor�s Guidelines for Naming Opportunities on Campuses of the State University of New York� (�Administrative Guidelines�); and Whereas the University Office of Philanthropy and Alumni Affairs, in conjunction with the Office of University Counsel, as well as SUNY Advance, the University�s 64 chief advancement officers, has reviewed the 2005 Naming Opportunities Policy and Administrative Guidelines, and recommends that the Board approve the �Naming Opportunities Policy and Procedure (March 2010)� in order to expand philanthropic efforts and naming opportunities to meet the needs of the State-operated campuses; now, therefore, be it Resolved that Naming Opportunities Policy and Procedure (March 2010) (copy on file in the Office of the Secretary), be, and the same hereby is, approved; and be it further Resolved that Resolution 2005-21, and the Administrative Guidelines, be, and the same hereby are, repealed. (2010-022) Naming of Louise M. Conley Chair in Educational Leadership � State University of New York at Cortland Resolved that the creation and naming of the Louise M. Conley Chair in Educational Leadership be, and hereby is, approved. (2010-023) State Personal Income Tax Revenue Bonds Whereas pursuant to State Finance Law Art. 5-C, enacted by Ch. 383, Pt. I, L. 2001, Public Authorities Law Art. 8, Title 4, a State Personal Income Tax Revenue Bonds (Education) General Bond Resolution, adopted by the Dormitory Authority on July 24, 2002, and a State Personal Income Tax Revenue Bonds (General Purpose) General Bond Resolution, adopted by the Dormitory Authority on April 29, 2009, the Dormitory Authority is authorized to issue bonds, from time to time, the debt service of which is payable from a portion of the State�s personal income tax revenues, to finance State University educational facilities, the State share of the cost of capital facilities of community colleges under the program of the State University, and capital facilities of other entities; and Whereas by Resolution 2002-90, adopted August 8, 2002, the State University Board of Trustees authorized the execution and delivery of a proposed Disbursement and Use Agreement with respect to the State University educational facilities, among the State University, the State University Construction Fund, and the Dormitory Authority; and, with respect to the State share of the cost of capital facilities of community colleges under the program of the State University, approved the form of a disbursement and use agreement between each community college under the program of the State University, the local sponsor of each such community college, and the Dormitory Authority; and Whereas it is necessary to finance the cost of State University educational facilities as hereinafter provided; and Whereas it is necessary to finance the State share of the cost of capital facilities of community colleges under the program of the State University as hereinafter provided; and Whereas the Dormitory Authority proposes to issue State Personal Income Tax Revenue Bonds, in one or more series, from time to time, for the acquisition, construction and improvement of State University educational facilities, to finance the State share of the cost of capital facilities of community colleges under the program of the State University, and to finance capital facilities of other entities; now, therefore, be it Resolved that the Chancellor, or designee be, and hereby is, authorized to execute, deliver and otherwise provide any and all certifications, approvals, assurances or other documents, and to take steps necessary and appropriate to enable the Dormitory Authority of the State of New York to issue State Personal Income Tax Revenue Bonds, from time to time, for the acquisition, construction and improvement of State University educational facilities and to finance the State share of capital facilities of community colleges under the program of the State University, 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 the provisions of the State�s Multi-year Capital Financial Plan and enacted multi-year capital financing plan appropriations. (2010-024) Gift of Real Property�Schenectady County Community College Whereas Schenectady County Community College wishes to accept the donation from Mrs. Catherine Kindl of real property located at 201 State Street, Schenectady, New York, in order to develop the building located at the site for use by the college; now, therefore, be it Resolved that the site of the real property located at 201 State Street, Schenectady, New York is approved for acceptance by donation by Schenectady County Community College; and be it further Resolved that the value of such property for purposes of determining the maximum amount of State financial aid for capital costs of the College be, and hereby is, approved to be $150,000. (2010-025) Approval of Community College Capital Projects Budgets � Hard Dollar ERIE COMMUNITY COLLEGE Resolved that the capital budget for Erie Community College, State�s share in the amount of $166,123 of the total capital cost of $332,246 for the Exterior Masonry Restoration Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-026) FULTON-MONTGOMERY COMMUNITY COLLEGE Resolved that the capital budget for Fulton-Montgomery Community College, State�s share in the amount of $155,000 of the total capital cost of $310,000 for the Management Information System Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-027) NASSAU COMMUNITY COLLEGE Resolved that the capital budget for Nassau Community College, State�s share in the amount of $1,126,916 of the total capital cost of $2,253,832 for the Integrated Student & Financial System Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-028) Approval of Community College Capital Project Budgets � Bond Financed Resolved that the applications of the local sponsors of the community colleges identified below to the Dormitory Authority of the State of New York for financing of the State�s share of capital costs of the projects identified below, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby are, approved; and, be it further � Resolved that the Chancellor, or designee, be, and hereby is, authorized to approve in the name of and on behalf of the State University of New York, in accordance with Chapters 464 and 465 of the Laws of 1972, any and all executed disbursement and use agreements between each such local sponsor and the Dormitory Authority of the State of New York in support of the application of such local sponsor for capital construction financing approved herewith; and, be it further � Resolved that the Chancellor, or designee, be, and hereby is, authorized to transmit such applications and disbursement and use agreements, as shall be approved pursuant to this resolution, to the State Director of the Budget for appropriate action. � ERIE COMMUNITY COLLEGE AMENDMENT TO RESOLUTION NUMBER 2009-012 Resolved that the application of the Legislature of Erie County, the local sponsor for Erie Community College, to the Dormitory Authority of the State of New York with an increase in the financing of the State�s share from $1,000,000, previously approved under Resolution No. 2009-012 dated January 27, 2009, to an amount not to exceed $2,068,000 of the total capital cost of $4,136,000 for the Exterior Masonry Restoration Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-029) ERIE COMMUNITY COLLEGE Resolved that the application of the Legislature of Erie County, the local sponsor for Erie Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $750,000 of the total capital cost of $1,500,000 for the Electrical Improvements � North Campus Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-030) Upon motion of Ms. Warren-Merrick, seconded by Mr. Murad, with Mr. McCall abstaining, the following resolution was approved. FASHION INSTITUTE OF TECHNOLOGY AMENDMENT TO RESOLUTION NUMBER 2008-89 Resolved that the application of the New York City Department of Education, the local sponsor for the Fashion Institute of Technology, to the Dormitory Authority of the State of New York with an increase in the financing of the State�s share from $7,774,242, previously approved under Resolution No. 2008-89 dated June 17, 2008, to an amount not to exceed $11,088,937 of the total capital cost of $22,177,874 for the Campus-wide Improvements and Infrastructure Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-031) Upon motion of Ms. Warren-Merrick, seconded by Mr. Murad, the following resolutions were approved. FINGER LAKES COMMUNITY COLLEGE Resolved that the application of the Ontario County Board of Supervisors, the local sponsor for Finger Lakes Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $500,000 of the total capital cost of $1,000,000 for the 2010 Capital Improvement Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-032) MONROE COMMUNITY COLLEGE Resolved that the application of the Legislature of Monroe County, the local sponsor for Monroe Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $8,190,000 of the total capital cost of $16,380,000 for the Building 9, Phase 2 Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-033) MONROE COMMUNITY COLLEGE Resolved that the application of the Legislature of Monroe County, the local sponsor for Monroe Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $3,800,000 of the total capital cost of $7,600,000 for the Property Preservation, Phase I Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-034) ORANGE COUNTY COMMUNITY COLLEGE Resolved that the application of the Legislature of Orange County, the local sponsor for Orange County Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $250,000 of the total capital cost of $500,000 for the Greenhouse Renovations Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-035) SCHENECTADY COUNTY COMMUNITY COLLEGE Resolved that the application of the Legislature of Schenectady County, the local sponsor for Schenectady County Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $280,000 of the total capital cost of $560,000 for the Elston Hall Entrances Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-036) Kennedy Square Project - SUNY Upstate Medical University Whereas SUNY Upstate Medical University has acquired a 13.5 acre site adjacent to its campus, previously the site of a low-income housing complex, and seeks to develop a portion of the site for technology, research and development, recreational, housing and commercial use (�Kennedy Square Project�); and Whereas Upstate Medical University�s business plan anticipates a public-private partnership to develop the Kennedy Square Project and that Upstate will enter into a ground lease to support development; and Whereas legislation is required to authorize Upstate to enter into such a ground lease; 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 Upstate Medical University proposes to develop the Kennedy Square Project in accordance with the principles set forth in the PHEEIA applicable to such ground lease and public-private partnership; now, therefore, be it Resolved that the State University supports development of the Kennedy Square Project; and be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take actions necessary or appropriate to undertake the Kennedy Square Project. (2010-037) Degree Authorization for the Fashion Institute of Technology Upon motion of Ms. Warren-Merrick, seconded by Mr. Murad, with Mr. McCall abstaining, the following resolution was adopted: Resolved that the Chancellor be, and hereby is, directed to seek the authorization of the Board of Regents for the Fashion Institute of Technology to confer the degree of Master of Fine Arts (M.F.A.). (2010-038) 7. COMMITTEES Academic Affairs Committee Mr. Hayden called upon Ms. Warren-Merrick, Chair of the Academic Affairs committee who stated the committee met on March 22, 2010 on several topics, the most important of which is the streamlining of the SUNY Board of Trustees policy on assessment. Ms. Warren-Merrick then called upon Interim Sr. Vice Chancellor and Provost, David Lavalle to present the committee�s resolution to the Board. Dr. Lavallee said the policy was formed with a SUNY-wide committee of faculty and administrators, along with system staff. The resolution calls for the regular review of registered academic programs with the assessment of student learning and external regular review of general education as specified through our learning goals. This will allow us to maintain and expand the quality of our assessment efforts and to put that responsibility on the campuses and align them with our nationally accredited organizations. Streamlining of the State University Board of Trustees Policy on Assessment Upon motion of Ms. Warren-Merrick, seconded by Mrs. Lewin the following resolution was carried unanimously. Whereas the State University of New York is committed to core values of broad-based access and opportunity and to the highest standards of academic excellence; and Whereas the State University of New York and its campuses have been at the forefront of assessment and quality assurance for over three decades, and have been a national model of best practice; and Whereas, in addition to meeting the assessment standards of the State University of New York, the University�s campuses must meet the assessment standards of regional and programmatic accreditation; and Whereas the Middle States Commission on Higher Education and programmatic accrediting bodies have significantly increased the rigor of their assessment standards in recent years in response to federal policy; and Whereas, in response to the Board of Trustees� Re-engineering SUNY Initiative and requests from the Academic Affairs Committee for streamlining of the University�s assessment policies and procedures to remove unnecessary duplication, the Provost�s Advisory Group on the SUNY Assessment Initiative made recommendations that would achieve that goal while maintaining high standards of academic excellence and enabling campuses to meet or exceed rigorous regional and programmatic accreditation standards; now therefore, be it Resolved that Trustees� Resolution 2004-92, adopted on June 22, 2004, be and hereby is, rescinded and, be it further Resolved that effective in academic year 2010-11, each State University of New York campus shall enhance quality by developing and implementing plans for the regular assessment and review of institutional effectiveness, academic programs and general education, such that the campus meets or exceeds the assessment standards set by section 52.1(b)(3) of the Regulations of the Commissioner of Education (8 NYCRR �52.1[b][3]), the Middle States Commission on Higher Education and, as appropriate, programmatic accreditation bodies; and be it further Resolved that in keeping with University policy, the regular review of registered academic programs by the campuses shall include, at minimum, the assessment of student learning and external review, to the extent necessary and appropriate, and the regular review of general education shall include the assessment of student learning in terms of the student learning outcomes of the SUNY General Education Requirement as established by this Board on January 19, 2010 in Trustees� Resolution 2010-006; and be it further Resolved that in accordance with Section 6306(2) of the State Education Law, the State University Board of Trustees urges the boards of trustees of the community colleges operating under the program of the State University to adopt this policy; and be it further Resolved that the Provost of the State University of New York shall review the findings of regional and programmatic accreditation bodies related to assessment on State University of New York campuses, and shall assist campuses when needed; and be it further Resolved that the Provost of the State University shall work with leadership, faculty and others on the State University of New York�s campuses to implement this resolution, shall provide the resources necessary to ensure regular consultation and assistance, including the formation of an assessment advisory group in consultation with faculty governance, and shall report periodically to the Board of Trustees of any additional steps that may need to be taken to insure the smooth implementation of this resolution in a fashion that enhances quality at the State University. (2010-039) 8. OBSERVERS REPORTS Chairman Hayden called upon Faculty Council representative, Tina Good who applauded the appointment of Dr. Shaun McKay as President of Suffolk County Community College. She expressed appreciation to the Board for adopting the assessment resolution and thanked the Provost, staff and the task force who collaborated on the effort. Dr. Good thanked the community college presidents and trustees and Mary Adams, as well as Cynthia Demarest for support of the Community College Day at the legislature. Dr. Good said that Erie Community College will host the Faculty Council�s spring plenary in Buffalo and she invited all the Trustees to attend. Chairman Hayden then recognized graduate student, Kai Wu, Sponsored Research Assistant in Microbiology at Stony Brook who spoke briefly on the graduate student contract. Finally, Mr. Hayden called upon Trustee and Faculty Senate President, Ken O�Brien, who said at the winter plenary meeting in January among the resolutions passed as one which criticized the executive budget cuts and called for restoration of funds. He also wished to add his appreciation for the adoption of the assessment resolution, thanking the Provost and staff. Dr. O�Brien stated on April 13th, there will be a student research poster show in the Legislative Office Building in Albany, displaying over 100 exhibits from 37 campuses and all are invited to attend. 9. ADJOURNMENT Chairman Hayden announced following today�s meeting at 2:00 pm, the semi-annual Public Hearing will be held. He thanked Trustees Carl McCall for agreeing to serve as panel moderator, and Trustees Staller, Warren-Merrick, O�Brien and Murad for agreeing to serve. There being no further business, upon motion of Mr. Bellafiore, seconded by Mr. Hunt, the Public meeting was adjourned at 1:50 p.m. 18 -17- Board Minutes March 23, 2010