STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Board of Trustees of State University of New York September 15, 2010 (Subject-to-Correction) The Board of Trustees of State University of New York met on September 15, 2010 at 10:30 a.m. in the 8th Floor Reception Area, State University Fashion Institute of Technology, Building A, Dubinsky Center, New York, New York pursuant to calls sent by the Office of the Secretary of the University on August 18, 2010. September 15, 2010 10:35 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Belluck; Dr. Ehrenberg; Ms. Gondar; Mr. Hunt; Mrs. Lewin; Dr. Lichtman; Mr. McCall; Mr. Murad; Mr. Noguera; Dr. O�Brien; Ms. Sanford; Mr. Spielvogel; Mr. Staller; Ms. Warren-Merrick Trustees absent: Mrs. Audi; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai 1:05 p.m. Trustees present: Mr. Hayden, Chairman; Mr. Belluck; Dr. Ehrenberg; Ms. Gondar; Mr. Hunt; Mrs. Lewin; Dr. Lichtman; Mr. McCall; Mr. Murad; Mr. Noguera; Dr. O�Brien; Ms. Sanford; Mr. Spielvogel; Mr. Staller; Ms. Warren-Merrick Trustees absent: Mrs. Audi; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai September 15, 2010 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 10:35 a.m. which was held in the 8th Floor Reception Area at the Fashion Institute of Technology in New York City. He discussed the new meeting format wherein meetings will be held in a two-day window with committee meetings on the first day, followed by the balance of committee meetings held the morning of the second day, and then the full Board meeting would follow. Chairman Hayden said he welcomes feedback regarding the new meeting format. He stated that for the first time, a single briefing book containing all Board and Board Committee meeting materials was sent to Trustees and he encouraged them to feel free to recycle by leaving the binders behind. Mr. Hayden also mentioned that there was a wonderful dinner and book party held the previous evening and expressed appreciation to FIT President Joyce Brown for the magnificent facilities. Chairman Hayden stated that in Executive Session today, the Board would discuss SUNY reviews and searches and be updated on personnel matters and review confidential matters concerning SUNY empowerment. Mr. Hayden stated during Public Session, the Board will vote on the consent agenda, and the Chancellor will report on our Strategic Plan, the Empowerment Act, and other recent events and activities. Mr. Hayden noted for the record that all members of the Board should have received guidelines related Trustee travel as well as Office of the Secretary processes for handling student related inquiries. These guidelines will ensure that any issues will be handled appropriately and encouraged Trustees to contact John O�Connor or himself with feedback. 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 Mr. Spielvogel, 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. 1:10 p.m. 3. RECONVENING OF PUBLIC MEETING On September 15, 2010 at 1:10 p.m., Mr. Hayden reconvened the Public Meeting, which was held in the 8th Floor Reception Area at the Fashion Institute of Technology in New York City. The Chairman noted that this was the first of the two day Board meeting schedule. The meeting format has been revised in a way that allows the committee meetings to be scheduled on day one, with the Finance Committee and the full Board on the second day. This will result in transportation cost savings and staff time in having to be liaisoned to various committee meetings at various places and at various times across the state. The Chairman stated that he hopes this works well for everyone and that the initial reports appear to be favorable. Mr. Hayden also stated that all of the Trustees are in attendance today and as a result there are no video conferences. The Chairman stated that there was a wonderful book party celebrating SUNY Press and SUNY at Sixty. Mr. Hayden thanked President Joyce Brown for her hospitality and stated that Fashion Institute of Technology is one of the most coveted places for gifted students from across America and is one of the crown jewels of the State University. Chairman Hayden then reported that today Trustees continued with the committee meetings, held an Executive Session where they reviewed a number of searches, other personnel matters, and were updated by University Counsel on a number of legal matters. Mr. Hayden stated that the new format enables us to post resolutions to our website, continue with Board and Committee webcasting and provides increased opportunities for interaction among Trustees during the two-day meetings. He said this format will afford Trustees with an expanded opportunity for focusing on policy considerations that ought to be the primary work of this Board. The Chairman thanked the Trustees for committing two days and encouraged feedback in order to make this process even better. 3.1 Approval of Minutes of the Board's Regular Monthly Meeting Held on June 29, 2010 and Special Meeting Held on August 12, 2010 Mr. Hayden called for a motion to approve the proposed minutes of the Board's regular monthly meeting held June 29, 2010 and the special meeting of the Board held August 12, 2010. Upon motion of Mr. Spielvogel, seconded by Ms. Gondar, the proposed minutes were unanimously approved as the official minutes of the meetings held June 29, 2010 and August 12, 2010. 4. CHANCELLOR�S REPORT Chancellor Zimpher began her report by thanking Chairman Hayden and Secretary of the University, John O�Connor, for the new organizational structure. Chancellor Zimpher stated that there is one major item today which is to bring the members up to date on the implementation of SUNY�s Strategic Plan, now called the Power of SUNY. Chancellor Zimpher stated that as promised, she brings good news to the Board. She reported that the Research Foundation has launched five tech-transfer hubs across SUNY campuses for high-tech business development which is critically important and a huge vehicle for bringing our research to market. She also reported that IBM unveiled the nation�s most energy-efficient computer using chips developed at UAlbany�s College of Nanoscale Science and Engineering. The Chancellor noted in August, SUNY IT announced that Nfrastructure Technologies will establish a regional headquarters at the campus, which brings 75 new full-time jobs and 100 new part-time jobs to the Utica/Rome region. Other good new items reported by the Chancellor included news of a team of Stony Brook students who won $50,000 for their business ideas in an entrepreneurship competition, an NSF grant awarded to Stony Brook to build a virtual reality theater with more than a billion pixels to view medical images and satellite photos, and that another NSF grant to Oswego will fund its meteorology faculty and students to chase intense snowstorms. Chancellor Zimpher also reported that Westchester Community College is holding opening ceremonies for its new Gateway Center to help immigrants develop entrepreneurial and technological skills. Chancellor Zimpher noted that U.S. New and World Report recently released rankings showing that SUNY is once again prominently ranked in several categories. The Chancellor also reported that our colleges were cited in Parade Magazines �A� list and in Washington Monthly�s 2010 ranking of America�s 50 best Community Colleges. She noted that six SUNY community colleges were featured in Community College Week�s annual report on the top two-year institutions in the nation and SUNY was among the top 40 places to work in academia in the world according to the Scientist Magazine annual ranking. She also stated that the Chronicle of Higher Education�s �Great Colleges to Work For� survey included four SUNY campuses and that the University at Buffalo Law School is number one in the Thompson Reuters Super Lawyers ranking in Upstate New York. Chancellor Zimpher stated that this week we learned from the College Board that the students who applied to SUNY this year have the highest SAT scores in SUNY�s history. Chancellor Zimpher then gave detailed PowerPoint presentation on the �Power of SUNY�, stating that several months were spent articulating that the plan is about New York�s economic revitalization and enhanced quality of life. The Chancellor said the building blocks of the strategic plan were the 64 campus tour and incredible input received from countless conversations with campus presidents, student and faculty leaders, community supporters, and elected officials. Chancellor Zimpher stated that during the launch, we gleaned widespread endorsement from economic development organizations, mayors, county executives, and business and industry. She said we also redid our brand expression for SUNY with much input from focus groups. The Chancellor went on to say that the strategic plan implementation process will continue to be participatory, highly interactive and very transparent and that everyone will be able to follow the implementation process, as they could during the planning process, through the web and social media, such as Facebook, YouTube and Twitter. The Chancellor said that all 64 campuses are in one stage or another of their own strategic planning and that one of the big challenges is the alignment of a campus strategic plan with the bold and ambitious ideas of the SUNY strategic plan. She promised that Board members will receive updates periodically to show how SUNY is meeting its challenge. The Chancellor also said that we are on a timeline to produce the first annual SUNY report card by May of next year. Chancellor Zimpher continued by stating we are continuing our commitment to shared governance in that the Board of Trustees has assigned the strategic plan to its Executive Committee. The Executive Committee will incorporate the views of Faculty Counsel, University Faculty Senate and Student Assembly. She also reported that the governance groups consist of the following: Chancellor�s Executive Committee and Cabinet; Presidents� Council; Strategic Planning Steering Committee; and the SUNY Board of Trustees Executive Committee. The Chancellor stated we have a set of three implementation teams and explained in detail the responsibilities of each: Research, Policy and Data Advisory Group; Innovation Teams; and Transformation Teams. She said that we will strive for a very transparent data system to show the progress that is being made and are committed to the report card idea of measuring progress and success. 5. RESOLUTIONS Mr. Hayden stated that there are two resolutions being brought forward by the Chancellor. Chancellor Zimpher said the first resolution is an expected restructuring of System Administration as a direct result of ambitious plans and required work to move the State University of New York forward. The Chancellor reported that during the course of this year, she has reviewed positions and duties and in the face of profound budget cuts, has had to ask that staff take on additional responsibilities. The Chancellor stated she is asking for support for some title differential and modest salary differential to recognize the facts that we have absorbed $3.5 million in cuts at SUNY Central and that these staff members have taken on significantly increased responsibilities. The Chancellor proposed the following leadership restructure: Dr. David Lavallee be appointed Provost and Senior Vice Chancellor for Academic Affairs with a salary increase of $30,000 and a monthly housing allowance of $5,000 with the appointment to continue for a two year period to end on June 30, 2012; that Johanna Duncan-Poitier be appointed Chancellor�s Deputy for the Education Pipeline and Vice Chancellor for Community Colleges with a salary increase of $30,000; and, that John J. O�Connor be appointed Senior Vice Chancellor for Research and Innovation and Secretary of the University with a salary increase of $30,000 and a monthly housing allowance of $3,250. Mr. O�Connor will continue to serve as President of The Research Foundation of SUNY by appointment of that Board, for which he receives no compensation. The Chancellor stated that Monica Rimai is, and continues to be, the Senior Vice Chancellor and Chief Operating Officer and that is the complement of those who compose the Chancellor�s Executive Committee. The Chancellor stated that this is in context of many cuts and much consolidation, an increase in extension of the work time of these four individuals, which results in a cumulative financial impact of $189,000 against a $3.5 million reduction in our budget. Strengthening and Streamlining the University Administration I Upon motion of Ms. Sanford, seconded by Mr. McCall, the motion passed with abstentions noted from Dr. Ehrenberg and Ms. Gondar. Whereas the Chancellor of the State University of New York has the authority to make recommendations to the Board of Trustees as to individuals to be appointed Officers of the University and to assign to such Officers powers, duties and responsibilities, with Officers being responsible and accountable to the Chancellor and Board of Trustees for their performance in carrying out their assigned responsibilities; and Whereas over the past year, following her appointment the Chancellor has reviewed the organization and structure of the University Administration with a focus on enhancing performance, accountability and responsiveness to campus constituencies; and Whereas the Chancellor has specifically addressed $3.5 million in cost savings and future cost avoidance in designing a leadership structure that responds to the budget challenges facing the State University and its campuses; and Whereas the Chancellor has sought to align the University�s leadership structure with the recently approved University-wide Strategic Plan �The Power of SUNY� as well as with the restructuring of committees of the Board of Trustees, now, therefore, be it Resolved that the Board of Trustees supports the designation by the Chancellor of four Senior Officers of the University: Monica Rimai, David K. Lavallee, John J. O�Connor and Johanna Duncan-Poitier as Members of the University Executive Committee; and recommends the following appointments: Resolved that David K. Lavallee be, and hereby is, appointed Senior Vice Chancellor for Academic Affairs and Provost of the State University of New York, with a salary increase of $30,000 and a monthly housing allowance of $5,000, effective July 1, 2010. This appointment will continue for a two year period to end on June 30, 2012. Resolved that Johanna Duncan-Poitier be, and hereby is, appointed Chancellor�s Deputy for the Education Pipeline and Vice Chancellor for Community Colleges of the State University of New York, with a salary increase of $30,000, effective July, 1, 2010. Resolved that John J. O�Connor be, and hereby is, appointed Senior Vice Chancellor for Research and Innovation and Secretary of the University with a salary increase of $30,000 and a monthly housing allowance of $3,250, effective July 1, 2010. Mr. O�Connor will continue as President of The Research Foundation of SUNY by appointment of that Board, for which he receives no compensation. (2010-112) Chancellor Zimpher went on to present the second resolution. The Chancellor stated that the second resolution covers a number of staff in the Office of the Provost and in the Finance and Administration area. She also stated that they are proposed title changes in the Office of Academic Affairs and the Office of the Chief Operating Officer and are without remuneration. The Chancellor proposed the following title changes: James Ketterer, Deputy Provost and Vice Chancellor for Policy and Planning; Elizabeth L. Bringsjord, Vice Provost and Vice Chancellor for Academic Programs and Assessment; Edward P. Engelbride, Associate Provost and Associate Vice Chancellor for Student Life; Carey Hatch, Associate Provost and Associate Vice Chancellor for Library and Information Systems; Robert Kraushaar, Associate Provost and Associate Vice Chancellor for Faculty and Professional Development; Kathleen Preston, Interim Vice Chancellor for Financial Services and Health Affairs; and Curtis L. Lloyd, Vice Chancellor for Human Resources. Strengthening and Streamlining the University Administration II Upon motion of Mr. Noguera, seconded by Mrs. Lewin, the following resolution was unanimously approved. Whereas the Chancellor of the State University of New York has the authority to make recommendations to the Board of Trustees as to individuals to be appointed Officers of the University and to assign to such Officers powers, duties and responsibilities, with Officers being responsible and accountable to the Chancellor and Board of Trustees for their performance in carrying out their assigned responsibilities; and Whereas the Chancellor has sought to align the University�s leadership structure with the recently approved University-wide Strategic Plan �The Power of SUNY� as well as with the restructuring of committees of the Board of Trustees; and Whereas several System Administration units have position titles which fall within these alignments. The following charts indicate title changes without remuneration in the Office of Academic Affairs and the Office of the Chief Operating Officer. Titles in the Office of Academic Affairs: * reflect the duties and responsibilities of each individual. * become consistent with the dual title of Provost and Senior Vice Chancellor for Academic Affairs. Whereas the System Administration Office of Academic Affairs leads academic policy and programming for the entire University, therefore the provostial titles show the relationship with the campus Academic Affairs units. The non-academic titles ensure that the positions align with peer positions in the other System Administration units. Titles in the Office of the Chief Operating Officer: * reflect the duties and responsibilities of each individual; now, therefore, be it Resolved that the following title changes be adopted as of September 1, 2010. Office of Academic Affairs INDIVIDUAL CURRENT TITLE NEW TITLE (ACADEMIC ) NEW TITLE (NON-ACADEMIC) James Ketterer Deputy Provost Deputy Provost Vice Chancellor for Policy and Planning Elizabeth L. Bringsjord Associate Provost Vice Provost Vice Chancellor for Academic Programs and Assessment Edward P. Engelbride Sr. Asst. Provost Associate Provost Associate Vice Chancellor for Student Life Carey Hatch Assistant Provost Associate Provost Associate Vice Chancellor for Library and Information Systems Robert Kraushaar Associate Provost Associate Provost Associate Vice Chancellor for Faculty and Professional Development Office of the Chief Operating Officer INDIVIDUAL CURRENT TITLE NEW TITLE Kathleen Preston Assistant Vice Chancellor for Hospital and Clinical Services Interim Vice Chancellor for Financial Services and Health Affairs Curtis L. Lloyd Associate Vice Chancellor for Finance and Administration Vice Chancellor for Human Resources (2010-113) Chairman Hayden stated that the Board would like an evaluation of the vice chancellors and stated that he understood that the Chancellor would be in a position to begin such a review by the time of the November Board meeting. Chancellor Zimpher responded that the review will be accomplished and that she looks forward to completing it. Chairman Hayden acknowledged President Drew Matonak and thanked him for attending the meeting. 6. CONSENT AGENDA ITEMS Chairman Hayden then called upon Secretary O�Connor for the resolutions from the consent agenda. Upon motion of Ms. Warren-Merrick, seconded by Mr. Spielvogel, the following resolutions were unanimously adopted. Awarding of Honorary Degree Resolved that Wynton Marsalis is hereby approved for conferral of the Honorary Degree of Doctor of Music on December 10, 2010 at an academic convocation to be held by the SUNY College at Potsdam at Steinway Hall in New York City and that conferral of said degree is in accordance with the Guidelines for the Awarding of Honorary Degrees, as last amended by Resolution 90-49, dated March 29, 1990. (2010-114) Selection of Fust Charles Chambers LLP to Provide Audit and Accounting Services with Respect to the Health Sciences Centers Resolved that the firm of Fust Charles Chambers LLP be, and hereby is, approved to be retained to provide auditing and accounting services with respect to the State University�s health sciences centers at Brooklyn, Stony Brook and Syracuse for a three fiscal year period, commencing the year ending December 31, 2010, with an extension for an additional two fiscal years permitted at the option of the State University; and be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take appropriate action to retain the services of Fust Charles Chambers LLP upon such terms and conditions as the Chancellor, or designee, shall deem appropriate. (2010-115) Election and Reelection of Members of the Board of Trustees of the University at Buffalo Foundation, Inc. Resolved that Gary M. Bichler, Wayne S. Blank, Robert E. Denning, and Terrence M. Gilbride be, and hereby are, elected to the Board of Trustees of the University at Buffalo Foundation, Inc., for terms of office to expire on June 30, 2013; and be it further Resolved that Jeremy M. Jacobs, Jr.; Robert G. Morris; and Keith Stolzenburg be, and hereby are, reelected to the Board of Trustees of the University at Buffalo Foundation, Inc., for terms of office to expire on June 30, 2013. (2010-116) Charter Schools Delegation Whereas the Charter Schools Act of 1998 (as amended, the �Act�) (Education Law �2850 et seq.) vests the Board of Trustees with responsibilities as a charter entity, particularly with respect to the establishment, oversight and termination of charter schools, and the Board of Trustees desires to undertake such responsibilities in an efficient manner; now, therefore, be it Resolved that the Board of Trustees delegates to the Education, College Readiness and Success Committee the following functions and responsibilities set forth in the Act: * the approval of applications for charter renewal including the resubmission thereof to the Board of Regents with or without modification; * the approval or denial of applications for charter revisions including the resubmission thereof to the Board of Regents with or without modification; * the consideration of school district comments in connection with applications to establish, renew or revise charters; * the resubmission to the Board of Regents with or without modification of any new charter application returned to the Board of Trustees by the Regents; * the approval or denial of applications for federal and State charter school grants; * the promulgation and revision of policy related to the authorizing of charter schools; and * any other function related to charter schools not specifically retained by the Board of Trustees; provided, however, that the Board, on its own initiative or on request of its Education, College Readiness and Success Committee, may take up any matter delegated by this resolution to the Education, College Readiness and Success Committee; and, be it further Resolved that the Board of Trustees retains, and does not delegate to the Education, College Readiness and Success Committee the following functions and responsibilities: * the approval, denial or abandonment of an application to establish a charter school, pursuant to Education Law �2852; * the denial or abandonment of an application to renew a charter, pursuant to Education Law ��2851(4) and 2852; * the closure of any charter school and the approval of any renewal or revision application to replace the school�s educational program; and * the termination or revocation of a charter, pursuant to Education Law �2855; and, be it further Resolved that the Board of Trustees delegates to the Charter Schools Institute authority to: (1) approve or deny minor charter revisions including name changes; changes in school opening date; enrollment changes that do not include the approval of new elementary, middle or high school programs; location changes; by-laws and policy changes; and curriculum, academic program, leadership and staffing changes; and (2) approve charter extensions of up to two years for schools that did not open opting instead to take one or more planning years prior to operation; provided, however, that the Board, on its own initiative may take up any matter delegated by this resolution to the Charter Schools Institute, and provided further, that the Education, College Readiness and Success Committee, on its own initiative or on request of the Charter Schools Institute, may take up any matter delegated by this resolution to the Charter Schools Institute; and, be it further Resolved that Resolution 2008-81, adopted May 13, 2008, be, and hereby is, repealed; and, be it further Resolved that the Charter Schools Institute shall continue to have authority to facilitate the performance of obligations of the Board of Trustees pursuant to the Act. (2010-117) Denial of Application for The Hudson River Charter School (Ossining) Resolved that the application to establish The Hudson River Charter School to be located in Ossining (copy on file in the Albany office of the Charter Schools Institute) be, and hereby is, denied; and, be it further Resolved that that the Charter Schools Institute be, and hereby is, authorized to notify the applicant of the Board of Trustees� determination in accordance with the New York Charter Schools Act of 1998 (as amended). (2010-118) Community College Capital Chargeback Schedule 2010-2011 Resolved that the annual capital charges to the counties by the community colleges, in accordance with Subdivision�(e) of Section�603.7 of the Code of Standards and Procedures for the Administration and Operation of Community Colleges operating under the Program of the State University of New York, for the 2010-11 college fiscal year, be, and hereby are, approved as follows: Community College Approved Capital Chargeback Rate per Full-time Student Adirondack 300 Broome 300 Cayuga County 300 Clinton 300 Columbia-Greene 300 Corning 300 Dutchess 300 Erie 300 Fashion Institute 300 Finger Lakes 300 Fulton-Montgomery 300 Genesee 300 Herkimer County 300 Hudson Valley 300 Jamestown 300 Jefferson 300 Mohawk Valley 300 Monroe 300 Nassau 300 Niagara County 300 North Country 300 Onondaga 300 Orange County 300 Rockland 300 Schenectady County 300 Suffolk County 300 Sullivan County 300 Tompkins-Cortland 300 Ulster County 300 Westchester 300 (2010-119) Community College Operating Budgets 2010-2011 Whereas local community college boards and the local sponsors have previously approved these budgets; and Whereas these budgets and the local approvals are in accordance with State law and the rules, regulations and administrative procedures of the University; and Whereas in recognition of the value the community colleges provide to New York State; now, therefore, be it Resolved that the operating budgets for the community colleges, for the 2010-2011 college fiscal year, be, and hereby are, approved as follows: Community College Total Operating Costs State Operating Aid Adirondack $24,951,527 $ 6,635,681 Broome 48,845,907 12,489,950 Cayuga County 30,130,174 8,621,353 Clinton 14,528,355 3,695,094 Columbia-Greene 15,800,000 3,653,060 Corning 32,816,473 8,715,305 Dutchess 57,646,639 16,904,978 Erie 100,721,249 30,213,550 Fashion Institute 163,925,852 21,352,407 Finger Lakes 39,930,611 11,905,624 Fulton-Montgomery 17,710,740 5,207,835 Genesee 34,191,000 11,143,847 Herkimer County 23,306,955 6,972,311 Hudson Valley 93,188,000 23,688,410 Jamestown 31,799,574 8,662,533 Jefferson 22,715,708 5,604,089 Mohawk Valley 47,281,808 12,186,380 Monroe 123,780,000 38,389,939 Nassau 202,947,227 44,267,642 Niagara County 48,451,830 12,829,642 North Country 13,121,000 3,885,957 Onondaga 70,650,100 19,724,509 Orange County 57,215,420 11,431,741 Rockland 63,606,995 15,158,647 Schenectady County 24,083,477 7,772,166 Suffolk County 185,318,749 45,492,136 Sullivan County 16,162,022 3,226,239 Tompkins-Cortland 35,390,806 9,179,031 Ulster County 24,459,813 5,391,534 Westchester 112,743,476 31,896,845 (2010-120) Amendments to Part 602 of 8 NYCRR (State Operating Assistance for Community Colleges) Whereas the adoption on an emergency basis, and the publication of a Notice of Proposed Rulemaking, pursuant to the State Administrative Procedure Act, of amendments to Part 602 of 8 NYCRR, the Code of Standards and Procedures for the Administration and Operation of Community Colleges, is necessary to provide State operating assistance to the community colleges of the State University of New York and the City University of New York for the 2010-2011 college fiscal year; and Whereas the 2010-2011 enacted budget bill with respect to the State University, Chapter 53 of the Laws of 2010, provides that the formula for State financial assistance for operating expenses of the community colleges of the State University of New York and the City College of New York is to be developed jointly with the Trustees of the City University of New York, subject to the approval of the Director of the Budget; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with provisions of the State Administrative Procedure Act, a proposed regulation, to amend subdivision (c) of section 602.8 of said Title 8, to read as follows, subject to the approval of the Director of the Budget (brackets denote old material to be deleted; underlining denotes new material to be added): (c) Basic State financial assistance. (1) Full opportunity colleges. The basic State financial assistance for community colleges, implementing approved full opportunity programs, shall be the lowest of the following: (i) two-fifths (40%) of the net operating budget of the college, or campus of a multiple campus college, as approved by the State University trustees; (ii) two-fifths (40%) of the net operating costs of the college, or campus of a multiple campus college; or (iii) for the current college fiscal year the total of the following: (a) the budgeted or actual number (whichever is less) of full-time equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,675] $2,260; and (b) up to one-half (50%) of rental costs for physical space. (2) Non-full opportunity colleges. The basic State financial assistance for community colleges not implementing approved full opportunity programs shall be the lowest of the following: (i) one-third (33%) of the net operating budget of the college, or campus of a multiple campus college, as approved by the State University trustees; (ii) one-third (33%) of the net operating costs of the college, or campus of a multiple campus college; or (iii) for the college fiscal year current, the total of the following: (a) the budgeted or actual number (whichever is less) of full-time equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,230] $1,884; and (b) up to one-half (50%) of rental cost for physical space. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, a community college or a new campus of a multiple campus community college in the process of formation shall be eligible for basic State financial assistance in the amount of one-third of the net operating budget or one-third of the net operating costs, whichever is the lesser, for those colleges not implementing an approved full opportunity program plan, or two-fifths of the net operating budget or two-fifths of the net operating costs, whichever is the lesser, for those colleges implementing an approved full opportunity program, during the organization year and the first two fiscal years in which students are enrolled. (2010-121) Approval of Community College Capital Project Budget � Hard Dollar � NASSAU COMMUNITY COLLEGE - Capital Budget Amendment Resolved that the capital budget for Nassau Community College, approved by Resolution No. 2010-28, dated March 23, 2010, be, and hereby is, amended to increase the capital budget by $806,000, from $2,253,832 to $3,865,832 with the State share of $1,932,916 for the Student & Financial System Project. (2010-122) 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 2010, 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. � CAYUGA COMMUNITY COLLEGE Resolved that the application of the Legislature of Cayuga County, the local sponsor for Cayuga 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 $222,300 of the total capital cost of $444,600 for the Performing Arts Center Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-123) CAYUGA COMMUNITY COLLEGE Resolved that the application of the Legislature of Cayuga County, the local sponsor for Cayuga 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 Purchase New Fulton Campus and Expansion Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-124) FASHION INSTITUTE OF TECHNOLOGY 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 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 Gladys Marcus Library Special Collections Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-125) FASHION INSTITUTE OF TECHNOLOGY 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 for financing of the State�s share in the amount not to exceed $1,000,000 of the total capital cost of $2,000,000 for the Haft Auditorium Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-126) FASHION INSTITUTE OF TECHNOLOGY AMENDMENT TO RESOLUTION NUMBER 2008-11 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 for an increase in the financing of the State�s share from $16,723,311, previously approved under Resolution No. 2008-11, dated January 15, 2008 and Resolution No. 2007-75 dated May 31, 2007, to an amount not to exceed $18,923,311 of the total capital cost of $37,846,622 for the Design and Construction of the Renovations to Building A Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-127) FINGER LAKES COMMUNITY COLLEGE Resolved that the application of the Ontario County Board of Supervisors, 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 $145,000 of the total capital cost of $290,000 for the Wayne County Campus Center Science Lab Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-128) FINGER LAKES COMMUNITY COLLEGE AMENDMENT TO RESOLUTION # 2010-015 Resolved that the application of the Ontario County Board of Supervisors, local sponsor for Finger Lakes Community College, to the Dormitory Authority of the State of New York for an increase in the financing of the State�s share from $21,638,975, previously approved under Resolution No. 2010-15, dated January 19, 2010 and Resolution No. 2008-167 dated November 18, 2008, to an amount not to exceed $24,396,975 of the total capital cost of $48,793,950 for the Master Plan Phase I Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-129) NASSAU COMMUNITY COLLEGE AMENDMENT TO RESOLUTION # 2009-017 Resolved that the application of the County Legislature of the County of Nassau, local sponsor for Nassau Community College, to the Dormitory Authority of the State of New York for an increase in the financing of the State�s share from $17,433,000, previously approved under Resolution No. 2009-017, dated January 27, 2009 and Resolution No. 2005-10 dated January 25, 2005, to an amount not to exceed $18,239,000 of the total capital cost of $36,478,000 for the Construction Phase of the New Life Sciences Building Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-130) SCHENECTADY COUNTY COMMUNITY COLLEGE Resolved that the application of the Legislature of Schenectady County, local sponsor for Schenectady County Community College, to the Dormitory Authority of the State of New for financing of the State�s share in the amount not to exceed $1,254,500 of the total capital cost of $2,509,000 for the Facility Improvements for Elston Hall Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-131) SCHENECTADY COUNTY COMMUNITY COLLEGE Resolved that the application of the Legislature of Schenectady County, local sponsor for Schenectady County Community College, to the Dormitory Authority of the State of New for financing of the State�s share in the amount not to exceed $187,000 of the total capital cost of $374,000 for the Fire Suppression System for Begley Hall Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-132) Denial of Application for the Elmira Community Charter School (Elmira) Upon motion of Ms. Warren-Merrick, seconded by Mr. Spielvogel, with Mr. McCall abstaining, the following resolution was adopted. Resolved that the application to establish the Elmira Community Charter School to be located in Elmira (copy on file in the Albany office of the Charter Schools Institute) be, and hereby is, denied; and, be it further Resolved that that the Charter Schools Institute be, and hereby is, authorized to notify the applicant of the Board of Trustees� determination in accordance with the New York Charter Schools Act of 1998 (as amended). (2010-133) Approval of Application for Broome Street Academy Charter High School (Manhattan) Upon motion of Ms. Warren-Merrick, seconded by Mr. Spielvogel, with Mr. McCall abstaining and Mr. Belluck opposing, the following resolutions were adopted. Whereas the Charter Schools Institute (the �Institute�) has determined that the application for the Broome Street Academy Charter High School (the �Recommended Application�), to be located in Manhattan, shows great promise and meets all applicable legal requirements, and has recommended that it be approved as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Vice Chancellor and the Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Application and the school described therein meet the requirements of the New York Charter Schools Act of 1998 (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Application and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Application is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Application be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: 1) enter into a proposed charter with the applicant of the Recommended Application, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit such proposed charter to the Board of Regents for its review, comment and potential approval. (2010-134) Approval of Application for Heketi Community Charter School (Bronx) Whereas the Charter Schools Institute (the �Institute�) has determined that the application for the Heketi Community Charter School (the �Recommended Application�), to be located in the Bronx, shows great promise and meets all applicable legal requirements, and has recommended that it be approved as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Vice Chancellor and the Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Application and the school described therein meet the requirements of the New York Charter Schools Act of 1998 (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Application and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Application is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Application be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: 1) enter into a proposed charter with the applicant of the Recommended Application, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit such proposed charter to the Board of Regents for its review, comment and potential approval. (2010-135) Approval of Application for The New Visions Charter High School for the Humanities (Bronx) Whereas the Charter Schools Institute (the �Institute�) has determined that the application for The New Visions Charter High School for the Humanities (the �Recommended Application�), to be located in the Bronx, shows great promise and meets all applicable legal requirements, and has recommended that it be approved as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Vice Chancellor and the Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Application and the school described therein meet the requirements of the New York Charter Schools Act of 1998 (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Application and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Application is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Application be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: 1) enter into a proposed charter with the applicant of the Recommended Application, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit such proposed charter to the Board of Regents for its review, comment and potential approval. (2010-136) Approval of Application for The New Visions Charter High School for Advanced Math and Science (Bronx) Whereas the Charter Schools Institute (the �Institute�) has determined that the application for The New Visions Charter High School for Advanced Math and Science (the �Recommended Application�), to be located in the Bronx, shows great promise and meets all applicable legal requirements, and has recommended that it be approved as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Vice Chancellor and the Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Application and the school described therein meet the requirements of the New York Charter Schools Act of 1998 (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Application and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Application is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Application be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: 1) enter into a proposed charter with the applicant of the Recommended Application, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit such proposed charter to the Board of Regents for its review, comment and potential approval. (2010-137) Approval of Application for Our World Neighborhood Charter School II (Queens) Whereas the Charter Schools Institute (the �Institute�) has determined that the application for the Our World Neighborhood Charter School II (the �Recommended Application�), to be located in Queens, shows great promise and meets all applicable legal requirements, and has recommended that it be approved as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Vice Chancellor and the Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Application and the school described therein meet the requirements of the New York Charter Schools Act of 1998 (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Application and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Application is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Application be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: 1) enter into a proposed charter with the applicant of the Recommended Application, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit such proposed charter to the Board of Regents for its review, comment and potential approval. (2010-138) Onondaga Community College Tuition Amendment for FY 2009-2010 Upon motion of Ms. Warren-Merrick, seconded by Mr. Spielvogel, with Ms. Gondar and Mr. McCall abstaining, the following resolution was adopted. Resolved that Resolution 2009-123, adopted September 15, 2009, be, and hereby is, amended in accordance with the attached tuition summary (copy on file with these minutes in the Office of the Secretary) to increase the tuition for Onondaga Community for the college fiscal year 2009-2010. (2010-139) Community College Tuition and Fee Schedules 2010-2011 Upon motion of Ms. Warren-Merrick, seconded by Mr. Spielvogel, with Ms. Gondar abstaining, the following resolution was adopted. Whereas the community colleges� local boards of trustees have previously approved the tuition rates on the attached schedules; Whereas the requested tuition rates and local board approvals are in accordance with State law and the rules, regulations and administrative procedures of the University; and Whereas New York's tuition assistance program substantially reduces tuition costs, which helps to provide the broadest possible access to a quality higher education in New York State; now, therefore, be it Resolved that the Tuition and Fee Schedules for Adirondack Community College, Broome Community College, Cayuga County Community College, Clinton Community College, Columbia-Greene Community College, Corning Community College, Dutchess Community College, Erie Community College, Fashion Institute of Technology, Finger Lakes Community College, Fulton-Montgomery Community College, Genesee Community College, Herkimer County Community College, Hudson Valley Community College, Jamestown Community College, Jefferson Community College, Mohawk Valley Community College, Monroe Community College, Nassau Community College, Niagara County Community College, North Country Community College, Onondaga Community College, Orange County Community College, Rockland Community College, Schenectady County Community College, Suffolk County Community College, Sullivan County Community College, Tompkins-Cortland Community College, Ulster County Community College and Westchester Community College, (copy on file in the Office of the Secretary) for the college fiscal year 2010-2011, be, and hereby are, approved. (2010-140) 7. OTHER BUSINESS Chairman Hayden called upon Chancellor Zimpher to report on the vacancy in the Office of the President at the University at Buffalo. Chancellor Zimpher stated that John Simpson, President of the University at Buffalo, has announced his intent to resign effective January 25, 2011. She explained that as Chancellor, she will make a recommendation to the Board regarding the appointment of an interim president. The Chancellor stated that this will follow the same standards and commitment that was exercised in appointing an interim president at Binghamton University and New Paltz College. Chancellor Zimpher stated that she is in that state of consideration now and will bring the appointment to the Board as soon as possible. She also explained that searches for SUNY presidents are under the leadership of John O�Connor as Secretary of the Board and that he works very closely with the College Council and the Chair of the College Council. She said discussions have already begun on the composition of the search committee. Chairman Hayden then called upon Faculty Council President, Tina Good, who stated that the Faculty Council has begun its academic year and it has chosen for its theme, the �Power of Community Colleges.� Ms. Good stated that they are doing this particularly so that they can find specific and concrete ways to engage faculty with the strategic planning goals. She said they hope to further this conversation at their meeting in Corning Community College in October, and that they continue to look forward to working with the Chancellor, the Provost and their new Vice Chancellor Johanna Duncan-Poitier. Ms. Good thanked the Chancellor for responding to their resolution on establishing the shared governance committee and that they are looking forward to the work of this transformation team and with the University Faculty Senate. Chairman Hayden then called upon Trustee Ken O�Brien. Dr. O�Brien reported that the University Faculty Senate will meet next week in a two-day conference in Syracuse where all committees will meet to set their annual agendas. Dr. O�Brien stated that the fall plenary meeting will be held in Alfred on October 21 through 24. Dr. O�Brien also reported that there will be an AAUP conference in November regarding shared governance in Washington, DC and that they are sending a fairly large delegation so that they can learn all that they can about shared governance from colleagues across the country and bring that information back to the share governance work group. Chairman Hayden then called upon Trustee Gondar to report on the activities of the Student Assembly. Ms. Gondar reported on an August event at Hudson Valley and an upcoming meeting in Oneonta. She also reported on a recently launched �SUNY Votes� campaign and said they are in the midst of crafting their student reform campaign which will be a topic at their fall conference in Binghamton scheduled for October 29 through 31. Ms. Gondar thanked the Board, the Chancellor and Chairman for all that they have done. 8. ADJOURNMENT There being no further business, upon motion of Mrs. Lewin, seconded by Ms. Gondar, the Public meeting was adjourned at 2:06 p.m. 18 -29- Board Minutes September 15, 2010