MINUTES OF SPECIAL MEETING OF BOARD OF TRUSTEES OF YOUNGSTOWN STATE UNIVERSITY Tod Administration Building Thursday, October 31, 2002 Pursuant to a call issued by the president, a special meeting (the two hundred thirty-ninth) of the Board of Trustees of Youngstown State University convened at 4:15 p.m., Thursday, October 31, 2002 at Mr. Anthony?s Banquet Center in Boardman, Ohio. Eight trustees were present at the meeting, to- wit: Mr. Joseph S. Nohra, chairperson of the board, who presided, Dr. Chander M. Kohli, Mr. Larry E. Esterly, Mr. Charles B. Cushwa III, Mr. F. W. Knecht III, Dr. H. S. Wang, Mr. John L. Pogue and Mr. Larry D. DeJane. Absent was Mrs. Eugenia C. Atkinson. Also present were student trustees Mr. Jeffrey J. Parks and Mr. Matthew Pastier. Also present were: Dr. David C. Sweet, President, and Franklin S. Bennett, Jr., secretary to the board of trustees. The chairperson called the meeting to order. ITEM I - PROOF OF NOTICE OF MEETING. Evidence was available to establish that pursuant to Article II, Section 2, of the board's Bylaws; notice of the call for today's special meeting was duly provided to each of the rustees, the student trustees and to the president. ITEM II - DISPOSITION OF MINUTES FOR REGULAR MEETING HELD SEPTEMBER 24, 2002. Disposition of the minutes of the regular meeting of the board held September 24, 2002 was deferred until the next regular meeting of the board. ITEM III ? REPORTS OF THE COMMITTEES OF THE BOARD. The board considered the following committee reports and recommendations: 1. Finance and Facilities Committee. 1 The chairperson recognized Mr. Cushwa who moved the adoption of the following resolution: Resolution to Authorize Eminent Domain Proceedings YR 2003-20 WHEREAS, Youngstown State University has identified an area surrounding the campus within which it seeks to acquire property needed for the benefit of the Univer- sity; and WHEREAS, the property located at 529 Walnut Street, Youngstown, Ohio, and known as Youngstown City Lot No. 11794 (William Dorbish property) is needed for the benefit of the University. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of Youngstown State University has previously authorized the acquisition of the property described above, and now further authorizes the use of eminent domain proceedings to acquire the property in the event that the University cannot acquire the property through good faith discussions with the property owner, and further authorizes the Administration to request that the Department of Administrative Services take appropriate action to commence eminent domain proceedings on behalf of the University if such pro- ceedings become necessary. Dr. Kohli seconded the motion. Following discussion, the motion received the affirmative vote of all trustees present. The chairperson declared the motion carried and the resolution adopted. 2. Internal Affairs Committee. The chairperson recognized Dr. Kohli, chairperson of the Internal Affairs Committee, who stated that the committee was recommending two resolutions for adoption by the board. On behalf of the committee, he then moved for adoption of the follow- ing resolution: Resolution Regarding YSU-APAS Labor Agreement YR 2003-21 WHEREAS, a collective bargaining agreement effective 2 from July 1, 2000 through June 30, 2003 (Agreement) was negotiated between Youngstown State University (University) and the Youngstown State University Asso- ciation of Professional/Administrative Staff (APAS), an affiliate of the Ohio Education Association; and WHEREAS, a health insurance plan was included in the Agreement, however, subsequent to the execution of the Agreement the University identified changes to the aforesaid health insurance plan that provides savings to the University and enhanced benefits to employees (New Health Plan); and WHEREAS, the University desires to provide an enhanced and uniform health insurance plan to all University employee groups; and WHEREAS, the Agreement also provided for the appoint- ment of a Pay Grade Study Committee to review the pay grade system for APAS members, however, completion of that review has extended beyond the originally antici- pated date and, as a consequence, any pay adjustments that may result from said review for APAS members have been delayed; and WHEREAS, the University and APAS desire to address the effective date of any pay adjustments that are made as a result of the pay grade system review; and WHEREAS, APAS members have made a substantial and meaningful contribution to the increase in enrollment the University has experienced; and WHEREAS, the University and APAS have negotiated a Memorandum of Understanding to (i) amend the Agreement by incorporating the New Health Plan and addressing the effective date of any pay adjustments for APAS members resulting from the pay grade system review; (ii) agree upon inclusion of the New Health Plan in the successor agreement to be negotiated between APAS and the University; and (iii) award the APAS member- ship an enrollment incentive payment; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trus- tees of Youngstown State University that the Memoran- dum of Understanding between the University and APAS attached to this Resolution as Exhibit A is hereby ap- proved, subject to formal approval of said Memorandum of Understanding by the APAS membership. 3 Mr. Cushwa seconded the motion. Following discussion, the motion received the affirmative vote of all trustees present. The chairperson declared the motion carried and the resolution dopted. On behalf of the committee, Dr. Kohli then moved he adoption of the following resolution: Resolution Regarding YSU-FOP Labor Agreement YR 2003-22 WHEREAS, a collective bargaining agreement effective from April 1, 2000 through March 31, 2003 (Agreement) was negotiated between Youngstown State University (University) and the Youngstown State University Fra- ternal Order of Police, Ohio Labor Council, Inc. (FOP); and WHEREAS, a health insurance plan was included in the Agreement, however, subsequent to the execution of the Agreement the University identified changes to the aforesaid health insurance plan that provides savings to the University and enhanced benefits to employees (New Health Plan); and WHEREAS, the University desires to provide an enhanced and uniform health insurance plan to all University employee groups; and WHEREAS, the University and FOP have negotiated a Memorandum of Understanding to (i) amend the Agreement by incorporating the New Health Plan; (ii) agree upon inclusion of the New Health Plan in the successor agreement to be negotiated between FOP and the Univer- sity; and (iii) award the FOP membership an enrollment incentive payment; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trus- tees of Youngstown State University that the Memoran- dum of Understanding between the University and FOP attached to this Resolution as Exhibit B is hereby ap- proved, subject to formal approval of said Memorandum of Understanding by the FOP membership. Mr. Cushwa seconded the motion. Following discussion, the motion received the affirmative vote of all trustees present. 4 The chairperson declared the motion carried and the resolution dopted. ITEM IV - COMMUNICATIONS, MEMORIALS There were no communications or memorials for onsideration by the board. ITEM V - UNFINISHED BUSINESS The board considered no unfinished business. ITEM VI - NEW BUSINESS The board considered no new business. ITEM VII ? TIME AND PLACE OF UPCOMING REGULAR MEETINGS YR 2002-23 Upon motion duly made and seconded, the trustees resolved to set the following dates and times for the next regular meetings of the board: 3:00 p.m. on Wednesday, December 18, 2002 3:00 p.m. on Friday, March 21, 2003 3:00 p.m. on Friday, June 20, 2003 ITEM VIII - ADJOURNMENT Upon motion duly made and seconded, the meeting was duly adjourned by unanimous vote of the trustees at 4:20 p.m. _______________________________ Chairperson ATTEST: ___________________________________ Secretary to the Board of Trustees 5