June
16-17, 2000
Establishment
of the Centennial Distinguished Professorship
in Nursing
Establishment
of the Robert J. Roberts Professorship in
Pediatrics
Naming
of the New Residence Hall on Alderman Road in
Honor of Mr. T. Braxton Woody
Blue
Ribbon Commission Resolution
Approval
of Pratt Fund Distribution for 2000-2001
Approval
of the Appointment of a Public Member to the
Board of the University of Virginia Investment Management
Company
Approval
of the Blue Ridge Hospital Property Transfer
Adoption
of the Return of Title IV Funds Schedule and
Revision of the Policy on Refund of Tuition, Fees and Room
and Board Charges
Conflict
of Interest Exemption
Approval
of Architect Selection for the Campbell Hall
Addition Project
Approval
of Architect Selection for the Hospital Expansion
Project
Approval
of Architect Selection for the Medical 5839
Research
Building #6 Project Approval
of Architectural Design Guidelines for the 5839 Campbell
Hall Addition Project
Approval
of Architectural Design Guidelines for the Medical
Research Building #6 Project
Approval
to Remove Vyssotsky Cottage Garage
Approval
to Remove the Faulkner Carriage House Garage
Approval
of the 2000-2001 Operating Budget for the
Academic Division
Approval
of the 2000-2001 Operating Budget for The
University of Virginia’s College at Wise
Approval
of the 2000-2001 Operating and Capital Budget
for the University of Virginia Medical Center
Authorization
to Increase the Fiscal Year 1999-2000 Endowment
Income Distribution
Approval
of Bond Issuance
Approval
of the Creation of a College Foundation
Approval
of the Audit Schedule
Approval
of Preliminary Design for the Monroe Lane Student
Residence Project
Approval
of VDOT Agreement, Emmet Street Bridge
Approval
of Allocation from the Fiscal Year 2000 Operating
Margin of the Medical Center
Approval
of Revisions to the Board’s Bylaws
Appointments
to the University of Virginia’s College at
Wise Board
Memorial
Resolution for Belva T. Dunn Jones
Elections
and Re-elections to the Miller Center Governing
Council
Approval
of Property Purchase
Approval
of Summary of Audit Findings
Faculty
Personnel Actions Elections
Actions Relating to Chairholders
Promotions
Resignations
Re-appointments
Deaths
Change in the Appointment of Ms. Sally N.
Barber
Change in the Election of Associate Professor
Emeritus
of Mr. J. David Deck
Change in the Election of Mr. Charles R. Marsh
Approval of Reporting Relationships and
Supervisory
Structure for Dual Employment Situation
The
University of Virginia’s College at Wise
Resignation
Appointment
TENTATIVE MINUTES
SUBJECT TO THE APPROVAL
OF THE BOARD OF VISITORS
June 16-17, 2000
The Board of Visitors of the University of Virginia met, in
Open Session, at 8:30 a.m., Friday, June 16, 2000, in the
East Oval Room of the Rotunda; John P. Ackerly, III, Rector,
presided. Thomas J. Bliley, Jr., Charles M. Caravati, Jr.,
M.D., William G. Crutchfield, Jr., Charles L. Glazer, William
H. Goodwin, Jr., T. Keister Greer, Gordon F. Rainey, Jr.,
Timothy B. Robertson, Terence P. Ross, Ms. Elizabeth A. Twohy,
Walter F. Walker, Benjamin P.A. Warthen, James C. Wheat, III,
Joseph E. Wolfe, and Stephen S. Phelan, Jr., were present.
Also present were John T. Casteen, III, Leonard W. Sandridge,
Alexander G. Gilliam, Jr., Paul J. Forch, Robert W. Cantrell,
M.D., Peter W. Low, Robert D. Sweeney, William W. Harmon,
Ms. Colette Sheehy, Robert E. Reynolds, MD, Gene D. Block,
Terry Holland, L. Jay Lemons, and Ms. Jeanne Flippo Bailes.
The Minutes of the Board meeting of April 14-15, previously
distributed, were approved.
As is customary at the Annual Meeting, the Rector confirmed
appointments of Members to committees, the appointments having
been made at the April meeting. The Rector also nominated
Ms. Twohy to the Executive Committee, vice Mr. Clark who was
not reappointed to the Board by the Governor. The Board approved
the nomination.
RESOLVED that Ms. Elizabeth A. Twohy is elected to the Executive
Committee of the Board of Visitors.
5828
The Rector reminded Members of the Board Retreat, which is
scheduled for July 14 and 15, at Upper Brandon in Prince George
County, and the meeting of the Health Affairs Committee to
take place in his offices in Richmond on July 14th
before the Retreat. He also reminded Members of the President’s
Retreat, to be held in Charlottesville on November 17th.
The President gave his customary report:
The
first two winners of the University Seminars Sabbatical Fellowships
have been named — Farzaneh Milani, Associate Professor
of Asian and Middle Eastern Languages and Cultures and of
Women’s Studies, has won the Thomas I. Storrs Fellowship,
and Sarah Farrell, Assistant Professor of Nursing, has won
the Dennis J. Shaughnessy Fellowship.
Professors Anita Jones and Michael Thorner have been elected
to the American Academy of Arts & Sciences, which brings
to 26 the total of faculty fellows in the Academy from the
University.
Lori
Graham, Assistant Professor of Civil Engineering, has been
given a Presidential Early Career Award, which is the highest
honor for young scientists and engineers in the country.
Gifts to the University since July 1, 1999, and through April
30th of this year come to $171 million, an increase
of 59.2% over the previous year. The Campaign total on April
30th was $1.131 billion. Since April 30, several
significant gifts have been received: U. Bertram Ellis, Jr.
and his wife, Deborah Hicks Ellis, have pledged $5 million
to the Darden Foundation and $5 million to the College of
Arts and Sciences. The Olsson Memorial Foundation has pledged
$1 million to the Engineering School, the Pew Charitable Trust
$530,000 to the Law School Foundation, and the Trust of Roy
R. Charles $500,000 to the School of Nursing. Mr. James W.
Todd has pledged $500,000 to the Athletics Department and
an anonymous donor has given $2 million to the College of
Arts and Sciences.
The
Report was accepted by the Board.
On motion, the meeting was adjourned at 8:45 a.m.
5829
The Board of Visitors resumed its meeting as a full Board,
in Open Session, at 2:08 p.m. All Members were present save
Mrs. Holland and Mr. Robertson.
The
Board adopted the following motions to enable it to meet in
Executive Session:
That
the Board of Visitors of the University of Virginia go into
Executive Session to consult with General Counsel on the present
disposition of pending litigation and further litigation strategy,
and to discuss with Counsel a copyright matter, as provided
for in Section 2.1-344 (A) (7) of the Code of Virginia.
That
the Board of Visitors of the University of Virginia go into
Executive Session to review the performance and present and
future assignments of senior University administrators, as
provided for in Section 2.1-344 (A)(1) of the Code of Virginia.
That
the Board of Visitors of the University of Virginia go into
Executive Session to discuss with Counsel and consider the
status and terms of a proposed gift of property to the University,
as provided for in Section 2.1-344 (A) (7) and (8) of the
Code of Virginia.
That
the Educational Policy Committee of the Board of Visitors
go into Executive Session for the purpose of discussing personnel
matters pertaining to the appointment, assignment, reappointment,
promotion, performance, compensation, discipline, separation
and resignation of specific faculty members of the University
of Virginia, as provided for in Section 2.1-344 (A) (1) of
the Code of Virginia.
The
Board went into Executive Session at 2:10 p.m., resumed in
Open Session at 4:00 p.m., and recessed to continue its meeting
in the Dome Room of the Rotunda.
5830
The
Board resumed its meeting at 4:10 p.m.; all Members were present
save Mrs. Holland and Messrs. Goodwin, Robertson, Ross and
Walker. After adopting resolutions to create two professorships
and name a dormitory, and to hear a report from the President
on the naming of the Neuroradiology Suites in memory of Dr.
Wayne S. Cail, the Board, on motion, adjourned at 4:30 p.m.
ESTABLISHMENT
OF THE CENTENNIAL DISTINGUISHED PROFESSORSHIP IN NURSING
The
following resolution was adopted:
WHEREAS,
an anonymous donor has made a very generous gift to establish
a professorship in the School of Nursing, the largest individual
donation made to the School; and
WHEREAS,
the School of Nursing will celebrate the centennial of its
founding in 2001;
RESOLVED
that the Board of Visitors expresses its gratitude for the
generosity of the donor and establishes The Centennial Distinguished
Professorship in Nursing, to be held in the School of Nursing.
ESTABLISHMENT
OF THE ROBERT J. ROBERTS PROFESSORSHIP IN PEDIATRICS
The
following resolution was adopted:
WHEREAS,
Dr. Robert J. Roberts was Chair of the Department of Pediatrics
and Director of the Children’s Medical Center from 1987
until his death in 1997; and
WHEREAS,
Dr. Roberts was a superb physician, teacher and researcher;
and
WHEREAS,
Dr. Roberts worked to extend and improve patient care programs
for children in Virginia and expanded the services of the
Children’s Medical Center and the Department of Pediatrics;
5831
RESOLVED
that the Board of Visitors establishes the Robert J. Roberts
Professorship in Pediatrics, to be held in the Department
of Pediatrics of the School of Medicine, and in so doing pays
tribute to the contributions and devoted service of Dr. Roberts
to his patients, his students and the University of Virginia.
NAMING
OF THE NEW RESIDENCE HALL ON ALDERMAN ROAD IN HONOR OF MR.
T. BRAXTON WOODY
The
following resolution was adopted:
WHEREAS, Thaddeus Braxton Woody, a native of Petersburg and
an alumnus of the University of Virginia, joined the faculty
in 1928 as Assistant Professor of Romance Languages; and
WHEREAS,
Mr. Woody was recognized in numerous ways both for his superb
teaching and for his support of the Jeffersonian precepts
of close relations between faculty and students, as exemplified
in the concept of the "academical village;" and
WHEREAS,
Mr. Woody was an Assistant Dean of the College of Arts &
Sciences and the Chair of the faculty committee which in 1968
recommended unrestricted undergraduate coeducation; and
WHEREAS,
Mr. Woody died on January 9, 2000;
RESOLVED
that the new first year dormitory under construction behind
the Alderman Road dormitories be named Woody House in honor
of Thaddeus Braxton Woody.
The
Board met, in Open Session, as the full Board at 8:50 a.m.,
Saturday, June 17, 2000; all Members were present save Mrs.
Holland and Messrs. Robertson and Ross.
5832
On
motion, the Board approved the following Resolution, offered
by Mr. Glazer:
RESOLVED
the Board of Visitors recognizes one of its Members, Joseph
Wolfe, and congratulates him and the Appalachian School of
Law on the graduation of its inaugural class.
The
Board adjourned at 8:55 a.m. and resumed at 9:50 a.m. to hear
the report of the Ad Hoc Subcommittee appointed by the Rector
to study the recommendations of the Governor’s Blue Ribbon
Commission on Higher Education. All Members of the Board were
present save Mrs. Holland and Messrs. Robertson and Ross.
Mr.
Greer, the Chair of the Subcommittee, and Mr. Rainey, a member
of the Subcommittee and of the Blue Ribbon Commission, reported
on the deliberations of the Subcommittee, using as the basis
of their report the study undertaken by Ms. Kelsh of the President’s
staff .
On
motion, the Board approved the recommendations of the Ad Hoc
Subcommittee by the following resolution:
WHEREAS, the Governor’s Blue Ribbon Commission on Higher
Education has made recommendations relating to the public
responsibilities of boards of visitors each of which is endorsed
and supported by the Board of Visitors of the University;
WHEREAS,
the Rector of the University appointed an ad hoc subcommittee
of the Board of Visitors to study the recommendations applicable
to boards of visitors and to recommend action required to
assure that the Board of Visitors of the University is discharging
its fiduciary responsibilities in accordance with the Commission’s
recommendations;
WHEREAS, the ad hoc subcommittee has prepared the report (see
Attachment A) indicating with respect to each recommendation
applicable to boards of visitors whether the policies and
procedures followed by the University’s Board
5833
of
Visitors are in compliance with the Commission’s recommendations
and, in the few instances where that is
not
presently the case, the action required to bring the Board’s
policies and procedures into full compliance;
RESOLVED
that the attached report of the ad hoc subcommittee is accepted
and approved by the Board of Visitors;
RESOLVED
FURTHER that in those few instances where
current
board policies and procedures are not in full
compliance
with the recommendations of the Blue Ribbon
Commission
the implementation plans set forth in the attached
report
be undertaken promptly to assure full compliance with
the
Blue Ribbon Commission’s recommendations relating to
boards
of visitors.
The
Board adjourned at 10:35 a.m. and resumed at 11:15 a.m., once
more in Open Session. All Members were present save Mrs. Holland
and Messrs. Robertson and Ross.
APPROVAL
OF PRATT FUND DISTRIBUTION FOR 2000-2001
The
following resolution was adopted:
RESOLVED
that the budget for the expenditure of
funds
from the Estate of John Lee Pratt be approved to supplement
appropriations made by the Commonwealth of Virginia for the
School of Medicine and Departments of Biology, Chemistry,
Mathematics and Physics in the College of Arts and Sciences.
The normal allocations, which are not to exceed $2.6 million
for 2000-01, are suggested by the department chairs and recommended
by the dean of each school. The special distributions are
not to exceed $3.5 million for 2000-01. To the extent the
annual income from the endowment is not adequate to meet the
recommended distribution, the principal of the endowment will
be disinvested to provide funds for the approved budgets.
5834
APPROVAL
OF THE APPOINTMENT OF A PUBLIC MEMBER TO THE BOARD OF THE
UNIVERSITY OF VIRGINIA INVESTMENT MANAGEMENT COMPANY
The
following resolution was adopted:
RESOLVED that Christine P. Gustafson is hereby appointed to
serve as a public member of the Board of the University of
Virginia Investment Management Company, for a term of four
years, beginning July 1, 2000.
APPROVAL
OF THE BLUE RIDGE HOSPITAL PROPERTY TRANSFER
The
following resolution was adopted:
|
WHEREAS,
the Governor of Virginia has the authority to allow
the University to convey the property held by the
Rector and Visitors of the University of Virginia
known as Blue Ridge Hospital (the Property) on such
terms and conditions approved by the Governor and
in a manner that respects the historical and environmental
significance of Monticello Mountain; and
WHEREAS,
the Governor has agreed to a conveyance of the Property
to the University of Virginia Real Estate Foundation
for development that furthers the educational and
research missions of the University of Virginia, and
to allow the Thomas Jefferson Memorial Foundation
to lease a portion of the Property to build a visitors
center.
RESOLVED
that the Board of Visitors delegates authority to
the Executive Vice President and Chief Operating Officer
to execute any documents and enter into agreements
necessary to effect a transfer of the Blue Ridge Hospital
property to the University of Virginia Real Estate
Foundation.
|
5835
ADOPTION
OF THE RETURN OF TITLE IV FUNDS
SCHEDULE
AND REVISION OF THE POLICY ON
REFUND
OF TUITION, FEES AND ROOM AND BOARD
CHARGES
The
following resolution was adopted:
WHEREAS,
the Higher Education Amendments of
1998,
which substantially revised Section 484B of the Federal
Higher Education Act of 1965, require adoption of the Return
of Title IV Funds Schedule; and
WHEREAS, the Higher Education Amendments of 1998 eliminate
the Pro Rata Refund Schedule; and
WHEREAS, the federal government has mandated compliance with
the Higher Education Amendments of October 1998;
RESOLVED
that the University adopts the Return of Title IV Funds Schedule
as it appears below, effective the first day of the Fall 2000
semester; and
RESOLVED
FURTHER that the University modifies the language of the Policy
on Refund of Tuition, Fees and Room and Board Charges to eliminate
the Pro Rata Refund Schedule.
In
the event a student withdraws from the University and that
individual has not received Title IV Aid, the Institutional
Refund Schedule will apply.
Institutional
Refund Schedule: Tuition and fees will be charged
on a percentage basis, based on the school week during which
the student withdraws. A school week is defined as the
period beginning on Monday and ending on the succeeding Sunday.
The first school week of a semester (term) is defined as the
week during which the general University Final Registration
ends. Application of the Institutional Refund Schedule
pertains only to tuition and fees. Room and board refunds
are calculated separately, since the student signs a detailed
contract for each.
5836
|
School
Week
|
Percentage
Retained
|
Percentage
Refunded
|
|
1
|
20
|
80
|
|
2
|
20
|
80
|
|
3
|
30
|
70
|
|
4
|
40
|
60
|
|
5
|
50
|
50
|
|
6
|
60
|
40
|
|
After
6
|
100
|
0
|
In
the event a student withdraws from the University and the
student has received Title IV Aid, the Return of Title IV
Funds Schedule will apply.
Return
of Title IV Funds Schedule: Under this schedule, room
and board are considered institutional charges and will be
refunded in the same manner as Tuition and Fees, i.e., based
on the number of days of attendance. Details of this
calculation are complex and are available in either the Bursar’s
Office or the Office of Financial Aid to Students.
CONFLICT
OF INTEREST EXEMPTION
The
following resolution was adopted:
WHEREAS, the Curry School of Education wishes to pursue basic
research in the uses of technology for the education of students
with disabilities; and
WHEREAS,
a portion of this research may be done in collaboration with
ERICA Inc., a small business which has developed unique software
and hardware applications which will greatly facilitate this
research; and
WHEREAS,
University faculty members or employees, Thomas Hutchinson,
Peter Beling, George Overstreet, Chris Lankford, and K. Preston
White, Jr. have ownership interests in ERICA Inc.; and
5837
WHEREAS, an agreement with ERICA may be entered into by the
University under the exemption to the Virginia Conflict of
Interests Act as provided in Section 2.1-639.6(C)(7) of the
Code of Virginia, with approval by the Board of Visitors.
RESOLVED that the exemption under Section 2.1-639.6(C)(7)
of the Code of Virginia for the proposed agreement between
the University and ERICA is approved, provided the annual
disclosure statement of economic interests is filed by Thomas
Hutchinson, Peter Beling, George Overstreet, Chris Lankford,
and K. Preston White, Jr. as required by law, provided the
University files its required annual report with the Secretary
of the Commonwealth disclosing the contract and responsible
managers overseeing its administration, and provided the Deans
of the School of Engineering and Applied Science, the McIntire
School of Commerce, and the Curry School of Education vigilantly
oversee and monitor the utilization of University resources
in implementation of any contract with ERICA.
APPROVAL
OF ARCHITECT SELECTION FOR THE CAMPBELL HALL ADDITION PROJECT
The
following resolution was adopted:
RESOLVED
that Allied Works Architecture, Inc., of Portland, Oregon
is approved for the performance of architectural and engineering
services for the Campbell Hall Addition project.
APPROVAL
OF ARCHITECT SELECTION FOR THE HOSPITAL
EXPANSION
PROJECT
The
following resolution was adopted:
RESOLVED
that RTKL Associates, Inc. of Baltimore, Maryland is approved
for the performance of architectural and engineering services
for the Hospital Expansion project.
5838
APPROVAL
OF ARCHITECT SELECTION FOR THE MEDICAL RESEARCH BUILDING #6
PROJECT
The
following resolution was adopted:
RESOLVED
that Henningson, Durham, and Richardson of Alexandria, Virginia
is approved for the performance of architectural and engineering
services for the Medical Research Building #6 project.
APPROVAL
OF ARCHITECTURAL DESIGN GUIDELINES FOR THE CAMPBELL HALL ADDITION
PROJECT
The
following resolution was adopted:
RESOLVED
that the architectural design guidelines, dated June 17, 2000,
prepared by the Architect for the University, for the Campbell
Hall Addition project, are approved; and
RESOLVED
FURTHER that the project will be presented for further review
at the schematic design level of development.
APPROVAL
OF ARCHITECTURAL DESIGN GUIDELINES FOR THE MEDICAL RESEARCH
BUILDING #6 PROJECT
The
following resolution was adopted:
RESOLVED that the architectural design guidelines, dated June
17, 2000, prepared by the Architect for the University, for
the Medical Research Building #6 project are approved; and
RESOLVED
FURTHER that the project will be presented for further review
at the schematic design level of development.
5839
APPROVAL
TO REMOVE VYSSOTSKY COTTAGE GARAGE
The
following resolution was adopted:
WHEREAS,
the University owns a small garage
(FAACS
Building Number: 207-2355) at the McCormick Astronomical Observatory
on the University of Virginia’s Observatory Hill (Mount
Jefferson) in Albemarle County; and
WHEREAS,
this structure has not been used for several years; and
WHEREAS,
the Governor of Virginia delegated to the Board of Visitors,
pursuant to Executive Order Number Thirty-Four (98), dated
November 10, 1998, the authority of the Governor to approve
the removal of buildings on state property, with the advice
and counsel of the Art and Architectural Review Board, and
the review of the Department of Historic Resources; and
WHEREAS, the Art and Architectural Review Board and the Department
of Historic Resources have approved the removal of this structure;
RESOLVED that the removal of the Vyssotsky Cottage Garage,
207-2355, is approved by the Board of Visitors; and
RESOLVED FURTHER that the Executive Vice President and Chief
Operating Officer is authorized to execute any and all documents
pertaining to the removal of the aforementioned building,
and that the said officer ensure that the required report
regarding the building removal is
sent
to the Department of General Services.
APPROVAL
TO REMOVE THE FAULKNER CARRIAGE HOUSE GARAGE
The
following resolution was adopted:
WHEREAS, the University owns a small garage (FAACS Building
Number: 207-2611) behind Faulkner House on Old Ivy Road in
Albemarle County; and
5840
WHEREAS, this structure must be demolished to allow for development
associated with the addition to the White Burkett Miller Center
for Public Affairs; and
WHEREAS, the Governor of Virginia delegated to the Board of
Visitors, pursuant to Executive Order Number Thirty-four (98),
dated November 10, 1998, the authority of the Governor to
approve the removal of buildings on state property, with the
advice and counsel of the Art and Architectural Review Board,
and the review of the Department of Historic Resources; and
WHEREAS, the Art and Architectural Review Board and the Department
of Historic Resources have approved the removal of this structure;
RESOLVED that the removal of the Faulkner Carriage House Garage,
207-2611, is approved by the Board of Visitors; and
RESOLVED FURTHER that the Executive Vice President and Chief
Operating Officer is authorized to execute any and all documents
pertaining to the removal of the aforementioned building,
and that the said officer ensure that the required report
regarding the building removal is sent to the Department of
General Services.
APPROVAL
OF The 2000-2001 OPERATING BUDGET FOR THE ACADEMIC DIVISION
5841
APPROVAL
OF THE 2000-2001 OPERATING BUDGET FOR THE UNIVERSITY OF VIRGINIA'S
COLLEGE AT WISE
RESOLVED
that the 2000-2001 Operating and Capital Budget for the University
of Virginia Medical Center,
AUTHORIZATION
TO INCREASE THE FISCAL YEAR 1999-2000 ENDOWMENT INCOME DISTRIBUTION
The
following resolution was adopted:
RESOLVED
that the Executive Vice President and Chief Operating Officer
be authorized to increase the Fiscal Year 2000-2001 income
distribution of Class A shares thirty percent from $68.76
per share to $89.39 per share, which equals 3.70 percent of
the March 31, 2000, market value of the Pooled Endowment Fund;
RESOLVED FURTHER that the Executive Vice President and Chief
Operating Officer be authorized to increase the Fiscal Year
2000-2001 income distribution of Class B shares thirty percent
from $94.43 per share to $122.76 per share, which equals 5.07
percent of the March 31, 2000, market value of the Pooled
Endowment Fund;
5842
RESOLVED FURTHER that the Executive Vice President and Chief
Operating Officer be authorized to increase the Fiscal Year
2000-2001 income distribution to the Sun Trust portion of
the Miller Center endowment by four percent from $1,008,000
to $1,048,320, which equals 5.15 percent of the March 31,
2000, market value of that fund.
APPROVAL
OF BOND ISSUANCE
The
following resolution was adopted:
WHEREAS,
pursuant to Chapter 3.2, Title 23 of the Code of Virginia
of 1950, as amended (the "Act"), the General
Assembly of Virginia has authorized the Virginia College Building
Authority (the "Authority") to develop a pooled
bond program (the "Program") to purchase bonds and
other
debt
instruments issued by public institutions of higher education
in the Commonwealth of Virginia (the "Institutions")
to finance or refinance the construction of projects of capital
improvement specifically included in a bill passed by a majority
of those elected to each house of the General Assembly of
Virginia (the "Projects"); and
WHEREAS, the Authority intends to issue from time to time
under the Program its Educational Facilities Revenue Bonds
(Public Higher Education Financing Program) (the "Bonds")
to finance the purchase of bonds and other debt instruments
issued by the Institutions to finance or refinance the Projects,
all in the furtherance of the purposes of the Act and the
Program; and
WHEREAS,
the Board of Visitors of The Rector and Visitors of the University
of Virginia (the "Board") may from time to time
wish to finance or refinance Projects of The Rector and Visitors
of the University of Virginia (the "Institution")
through the Program; and
WHEREAS, if the Institution wishes to finance or refinance
a Project through the Program, it will be necessary for the
Institution to enter into a Loan Agreement (a "Loan Agreement")
between the Authority and the Institution and to evidence
the loan to be made by the Authority to the Institution pursuant
to the Loan Agreement
5843
by
issuing the Institution’s promissory note (the "Note")
pursuant to Section 23-19 of the Code of Virginia of 1950,
as amended. Pursuant to the Loan Agreement, the Authority
will agree to issue its Bonds and to use certain proceeds
of the Bonds to purchase the Note issued by the Institution
and the Institution will agree to use the proceeds received
from the Authority to finance or refinance the construction
of the Project and to make payments under the Loan Agreement
and the Note in sums sufficient to pay, together with certain
administrative and arbitrage rebate payments, the principal
of, premium, if any, and interest due on that portion of the
Bonds issued to purchase the Note; and
WHEREAS,
the Institution now proposes to sell to the Authority its
Note (the "2000A Note") to be issued under a Loan
Agreement (the "2000A Loan Agreement") to finance
or refinance all or a portion of the costs of the Darden School
Expansion project, the National Radio Astronomy Observatory
Addition project and the Student Center for the University
of Virginia’s College at Wise project (together, the
"2000A Project"); and
WHEREAS, there has been made available to the
Board
in the office of the Institution’s Executive Vice President
and Chief Operating Officer the proposed forms of the 2000A
Note and the 2000A Loan Agreement; and
WHEREAS,
it is the desire of the Board to authorize the execution and
delivery of the 2000A Loan Agreement and the execution and
issuance of the 2000A Note to
authorize
officers of the Institution to execute, deliver and issue
in the name of and on behalf of the Institution, the 2000A
Loan Agreement, the 2000A Note and any and all documents necessary
to effectuate the financing or refinancing of all or a portion
of the costs of the 2000A Project through the Program with
the Authority and to facilitate the purchase of the 2000A
Note by the Authority; and
WHEREAS, it is the desire of the Board to approve the further
participation by the Institution in the Program and to authorize
the execution, delivery and issuance of such other Loan Agreements
and Notes on terms and conditions substantially similar to
the 2000A Loan Agreement and 2000A
5844
Note
and to similarly authorize certain officers of the Institution
to execute, deliver and issue in the name of and on behalf
of the Institution, all Loan Agreements, all Notes and any
and all future documents necessary to effectuate the Program
with the Authority and to facilitate the purchase of the Notes
by the Authority.
RESOLVED:
Section 1. The Board authorizes hereby the
participation
of the Institution in the Program and the execution of the
loan agreements and other documents, including any note, as
may be authorized by its authorized officers.
.
Section
2. The President of the Institution and the Executive Vice
President and Chief Operating Officer of the Institution (the
"Authorized Officers"), or either of them, are each
hereby delegated and invested with full power and authority
to execute, deliver and issue, on behalf of the
Board,
(a) the 2000A Loan Agreement with such changes, insertions
or omissions as may be approved by the Authorized Officers,
whose approval shall be evidenced conclusively by the execution
and delivery of the 2000A Loan Agreement, (b) the 2000A Note
with such changes, insertions or omissions as may be approved
by any Authorized Officer, whose approval shall be evidenced
conclusively by the execution and issuance of the 2000A Note,
and (c) any and all other documents, instruments or certificates
as may be deemed necessary to consummate the financing or
refinancing of all or a portion of the costs of the 2000A
Project through the Program, the construction of the 2000A
Project and the Institution’s participation in the Program,
and to further carry out the purposes and intent of this Resolution.
The Authorized Officers are directed to take such steps and
deliver such certificates prior to the delivery of the 2000A
Note as may be required under existing obligations of the
Institution.
Section
3. The Authorized Officers, or either of them, are each hereby
delegated and invested with full power and authority to execute
and deliver, on behalf of the Board, (a) such future
Loan Agreements in substantially
5845
the
form of the 2000A Loan Agreement with such changes, insertions
or omissions as may be approved by any Authorized Officer,
whose approval shall be evidenced exclusively by the execution
and delivery of the future Loan Agreement, (b) such future
Notes in substantially the form of the 2000A Note with such
changes, insertions or omissions as may be approved by the
Authorized Officers, whose approval shall be evidenced exclusively
by the execution and delivery of the future Note, and (c)
any and all other documents, instruments or certificates as
may be deemed necessary in the future to consummate the Program,
the construction of the Projects and the Institution’s
participation in the Program, and to further carry out the
purposes and intent of this Resolution in the future, it being
the intent of the Board that no further action on behalf of
the Board shall be necessary to empower the Authorized Officers,
or either of them, to execute, deliver and issue such future
Loan Agreements, future Notes and other documents as may be
deemed necessary in order for the Institution to participate
in the Program in the future.
Section 4. The authorizations given above as to the execution,
delivery and issuance of the 2000A Loan Agreement and the
2000A Note are subject to the following parameters: (a) that
the principal amount to be paid under the 2000A Note shall
not be greater than the aggregate amount authorized for the
components of the 2000A Project by the General Assembly of
Virginia, including any adjustments required or permitted
by law, (b) that the interest rate payable under the 2000A
Note shall not exceed a "true" or "Canadian"
interest cost more than fifty basis points higher than the
interest rate for "AA" rated securities with comparable
maturities, as reported by Delphis-Hanover, or another comparable
service or index on the date that the interest rates on the
2000A Note are determined, taking into account original issue
discount or premium, if any, (c) that the weighted average
maturity of the principal payments due under the 2000A Note
shall not be in excess of twenty (20) years, (d) that the
last principal payment date under the 2000A Note with respect
to each of the components of the 2000A Project shall not extend
beyond the period of the reasonably expected economic life
of each such component of the 2000A Project, (e) that the
financing of the 2000A Project and the terms
5846
and
provisions of the 2000A Loan Agreement and the 2000A Note
will comply with the Alternative Construction and Financing
Guidelines issued by the Commonwealth’s Secretary of
Finance, and (f) that the actual interest rates, maturities,
and date of the 2000A Note shall be approved by an Authorized
Officer, which approval will be evidenced by the execution
of the 2000A Note.
Section
5. The authorizations given above as to the execution, delivery
and issuance of any future Loan Agreements and future Notes
are subject to the following parameters: (a) that the principal
amount to be paid under such Notes shall not be greater than
the amount authorized for the Projects by the General Assembly
of Virginia, including any adjustments required or permitted
by law, (b) that the interest rate payable under such Notes
shall not exceed a "true" or "Canadian"
interest cost more than fifty basis points higher than the
interest rate for "AA" rated securities with comparable
maturities, as reported by Delphis-Hanover, or another comparable
service or index on the dates that the interest rates on such
Notes are determined, taking into account original issue discount
or premium, if any, (c) that the weighted average maturity
of the principal payments due under such Notes shall not be
in excess of twenty (20) years, (d) that the last principal
payment date under such Notes with respect to each of the
components of the Projects shall not extend beyond the period
of the reasonably expected economic life of each such component
of the Projects being financed, and (e) that the financing
of the Projects and the terms and provisions of such Loan
Agreements and Notes will comply with the Alternative Construction
and Financing Guidelines issued by the Commonwealth’s
Secretary of Finance.
Section 6. The Board acknowledges, on behalf of the
Institution,
that if the Institution fails to make any payments of debt
service due under any Loan Agreement or Note, including the
2000A Loan Agreement and the 2000A Note, the Program authorizes
the State Comptroller to charge against the appropriations
available to the Institution all future payments of debt service
on that Loan Agreement and Note when due and payable and to
make
5847
such
payments to the Authority or its designee, so as to ensure
that no future default will occur on such Loan Agreement or
Note.
Section
7. The Board agrees that if the Authority determines that
the Institution is an "obligated person" with respect
to which a disclosure obligation arises under Rule 15c2-12
of the Securities and Exchange Commission with respect to
any issue of Bonds, the Institution will enter into a continuing
disclosure undertaking in form and substance satisfactory
to the Authority and the Institution and will comply with
the provisions and disclosure obligations contained therein.
Section 8. This resolution shall take effect
immediately
upon its adoption.
APPROVAL
OF THE CREATION OF A COLLEGE FOUNDATION
The
following resolution was adopted:
WHEREAS,
the University Policy on University-Related Foundations requires
that all new University-Related Foundations receive approval
of the Board of Visitors; and
WHEREAS,
the Vice President for Development recommends that the Board
of Visitors approve the creation of a University-Related Foundation
for the College and Graduate School of Arts and Sciences;
and
WHEREAS,
this new foundation will adhere to the University’s Policy
on University-Related Foundations;
RESOLVED
that the Board of Visitors approves the creation of a University-Related
Foundation for the College and Graduate School of Arts and
Sciences.
5848
APPROVAL
OF THE AUDIT SCHEDULE
The
following resolution was adopted:
RESOLVED
that the Audit Schedule for Fiscal Year 2000-2001, is approved
as recommended by the Audit Committee.
APPROVAL
OF PRELIMINARY DESIGN FOR THE MONROE LANE STUDENT RESIDENCE
PROJECT
The
following resolution was adopted:
RESOLVED
that the preliminary design, dated June 17, 2000, and prepared
by Mitchell/Matthews Architects of Charlottesville, for the
Monroe Lane Student Residence project, is approved for further
development and construction.
APPROVAL
OF VDOT AGREEMENT, EMMET STREET BRIDGE
The
following resolution was adopted:
WHEREAS,
in accordance with Virginia Department of Transportation construction
allocation procedures, it is necessary that a request by resolution
be made in order that the Department program an urban highway
project at the University of Virginia in the City of Charlottesville.
RESOLVED
that the University of Virginia requests the Virginia Department
of Transportation to establish an urban system highway project
to provide a pedestrian and bicycle bridge over Emmet Street
(near Massie Road) and associated roadway improvements, a
distance of approximately 2400 feet; and
RESOLVED
FURTHER that the University of Virginia agrees to pay its
share of the total cost for preliminary engineering and construction
of this project in accordance with Section 33.1-44 of the
Code of Virginia, and that, if the University subsequently
elects to cancel this project, the University agrees to reimburse
the Virginia Department of Transportation for the total amount
of the cancellation.
5849
APPROVAL
OF ALLOCATIONS FROM THE FISCAL YEAR 2000 OPERATING MARGIN
OF THE MEDICAL CENTER
The
following resolution was adopted:
WHEREAS,
the Medical Center will exceed its projected four percent
operating margin in Fiscal Year 2000; and
WHEREAS,
the Medical Center’s operating margin in Fiscal Year
2000 was positively impacted by both one-time revenue enhancements
related to payments for services provided in prior periods
and reduced operating costs relative to the volume of activity;
and
WHEREAS,
the Medical Center staff has contributed significantly to
the high quality care of patients under extremely demanding
conditions; and
WHEREAS,
the Board recognizes the contributions of the staff to the
success of the Medical Center in delivering high quality and
efficient health care to its patients, and wishes to express
its gratitude;
RESOLVED that the Executive Vice President and Chief Operating
Officer is authorized to apply up to $1 million of the Fiscal
Year 2000 operating margin of the Medical Center to support
the professional development and training of persons who deliver
health care, and up to $2 million from the same source to
augment the authorization made by the Board in April 2000
to adjust the salaries of critical personnel to market rates
with the express purpose of improving retention of the Medical
Center’s health care staff.
APPROVAL
OF REVISIONS TO THE BOARD'S BYLAWS
The
following resolution was adopted:
RESOLVED
that the bylaws of The University of Virginia's College at
Wise Board be approved as amended (see Attachment B).
5850
APPOINTMENTS
TO THE UNIVERSITY OF VIRGINIA'S COLLEGE AT WISE BOARD
The
following resolution was adopted:
RESOLVED that Ms. Marcia Adams-Gilliam, Mr. Don Green, Mr.
Ronnie Montgomery, Mr. Ford C. Quillen, and Mr. Henry R. Winkler
be appointed to The University of Virginia's College at Wise
Board, for a term ending June 30, 2004, in accordance with
the terms of its bylaws.
MEMORIAL
RESOLUTION FOR BELVA T. DUNN JONES
The
following resolution was adopted:
WHEREAS, Belva Tune Dunn Jones, an alumna of Mary Washington
College, was appointed to the Board of Visitors by Governor
Stanley in 1954; and
WHEREAS, Mrs. Jones was 31 at the time of her appointment,
the youngest woman to be named to a board of visitors in the
United States; and
WHEREAS, Mrs. Jones was reappointed to the Board of Visitors
by Governor Almond for a second term in 1958; and
WHEREAS, Mrs. Jones was a valued member of the Board with
a particular interest in Mary Washington College, at that
time a part of the University of Virginia; and
WHEREAS, Mrs. Jones died in Northampton County on May 31,
2000;
RESOLVED that the Board of Visitors expresses its deepest
sympathy to the family of Belva Tune Dunn Jones, as well as
its appreciation for her years of devoted service to the Board
and to the University of Virginia.
5851
ELECTIONS
AND RE-ELECTIONS TO THE MILLER CENTER GOVERNING COUNCIL
The following resolution was adopted:
RESOLVED that Ms. Sylvia B. Mathews and Mr. Leigh B. Middleditch,
Jr., be elected to the Miller Center Governing Council, for
three years, effective June 17, 2000;
RESOLVED FURTHER that Ms. Bette B. Anderson and Mr. Daniel
K. Frierson be re-elected to the Miller Center Governing Council,
for three years, effective June 17, 2000.
APPROVAL
OF PROPERTY PURCHASE
The
following resolution was adopted:
WHEREAS,
the University has identified strategically valuable property
adjacent to current Health System facilities that may be available
for purchase; and
WHEREAS,
the acquisition of adjacent property will assist in addressing
the current and future needs for additional space for Medical
Center and Medical School programs;
RESOLVED
that the Executive Vice President and Chief Operating Officer
is authorized to: 1) negotiate appropriate purchase prices
for property adjacent to current Health System facilities
that are of strategic importance for the current and future
space needs of the Medical Center and the Medical School,
subject to the approval of the Chair of the Finance Committee;
and 2) execute any and all contracts and other documents pertaining
to the acquisition of adjacent property.
APPROVAL
OF SUMMARY OF AUDIT FINDINGS
The
following resolution was adopted:
RESOLVED
that the Summary of Audit Findings for the period March 1,
2000 through April 30, 2000 as presented by the Director of
Audits, is approved as recommended by the Audit Committee.
5852
FACULTY
PERSONNEL ACTIONS
ELECTIONS
The following resolution was adopted:
RESOLVED that the following persons are elected to the faculty:
Dr. Matthew J. Bassignani as Assistant Professor of
Radiology, for three years, effective April 25, 2000.
Dr. Ivan K. Crosby as Professor of Clinical Surgery,
for two years, effective February 21, 2000.
Mr.
Jagadananda Ghosh as Assistant Professor of Research in
Internal Medicine, from March 31, 2000 to March 2, 2001.
Mr.
Kevin T. Hogan as Associate Professor of Research in Surgery,
for one year, effective April 1, 2000.
Ms.
Sandra D. Iliescu as Assistant Professor of Architecture,
for three academic years, effective August 25, 2000.
Ms.
Mary J. Kelley as Assistant Professor of Medical Education
in Internal Medicine, for three years, effective April 17,
2000.
Dr. William F. Marx as Assistant Professor of Radiology,
for one year, effective April 1, 2000.
Ms.
Ellen S. Pentz as Assistant Professor of Research in Pediatrics,
for one year, effective March 1, 2000.
Ms.
Anna M. Pomes as Assistant Professor of Research in Internal
Medicine, for two years, effective March 1, 2000.
Dr.
Paul W. Read as Assistant Professor of Radiation Oncology,
for one year, effective March 1, 2000.
5853
Mr.
John W. Steinke as Assistant Professor of Research in
Internal Medicine, for two years, effective February 3, 2000.
ACTIONS
RELATING TO CHAIRHOLDERS
The following resolution was adopted:
RESOLVED that the actions relating to the chairholders
are approved as shown below:
(a) Election of Chairholders
Dr.
Sim S. Galazka as Walter M. Seward Professor of Family
Medicine, effective February 1, 2000. Dr. Galazka will continue
as Professor of Family Medicine, without term.
Dr.
David C. Slawson as B. Lewis Barnett, Jr., Professor of
Family Medicine, effective March 25, 2000. Dr. Slawson will
continue as Associate Professor of Clinical Family Medicine,
with term.
Mr.
James A. Smith as Cavaliers' Distinguished Teaching Professor,
for two years, effective June 25, 2000. Mr. Smith will continue
as Associate Professor of Civil Engineering, without term.
(b) Promotions of Chairholders
Dr.
Margaret E. Mohrmann from Associate Professor of Pediatrics,
with term, to Associate Professor of Pediatrics, without term,
effective July 1, 2000.
Dr.
David C. Slawson from Associate Professor of Clinical
Family Medicine and Associate Professor of Clinical Health
Evaluation Sciences to Professor of Clinical Family Medicine
and Professor of Clinical Health Evaluation Sciences, for
three years, effective July 1, 2000.
Dr.
Craig L. Slingluff, Jr. from Associate Professor of Surgery
to Professor of Surgery, effective July 1, 2000.
5854
Special Salary Action of Chairholders — Deleted
(d) Resignations
of Chairholders
The
following resignations were announced:
Mr.
Robert G. King as Carter Glass Professor of Economics
and Robert P. Black Research Professor of Economics, effective
May 24, 2000, to accept another position.
Ms.
Julie C. Novak as Theresa A. Thomas Professor in Primary
Care Nursing, effective June 30, 2000, to accept another position.
PROMOTIONS
The following resolution was adopted:
RESOLVED that the following persons are promoted:
Mr. Gib Akin from Associate Professor of Commerce
to Professor of Commerce, effective August 25, 2000.
Ms. Millicent S. Aron from Associate Professor
of History to Professor of History, effective August 25, 2000.
Mr.
Craig E. Barton from Assistant Professor of Architecture
to Associate Professor of Architecture, effective August 25,
2000.
Dr.
Victor C. Baum from Associate Professor of Anesthesiology,
without term, and Associate Professor of Pediatrics, with
term, to Professor of Anesthesiology, without term, and Professor
of Pediatrics, for three years, effective July 1, 2000.
Mr. Douglas A. Bayliss from Assistant Professor
of Pharmacology to Associate Professor of Pharmacology, effective
July 1, 2000.
Mr.
James M. Beach from Assistant Professor of Research in
Ophthalmology to Associate Professor of Research in Ophthalmology,
for one year, effective July 1, 2000.
5855
Mr. Peter A. Beling from Assistant Professor of
Systems Engineering to Associate Professor of Systems Engineering,
effective August 25, 2000.
Dr.
Stephen J. Bickston from Assistant Professor of Clinical
Internal Medicine to Associate Professor of Clinical Internal
Medicine, for three years, effective July 1, 2000.
Ms.
Amy H. Bouton from Assistant Professor of Microbiology
to Associate Professor of Microbiology, for two years, effective
July 1, 2000.
Dr. Robert J. Boyle from Associate Professor of
Pediatrics to Professor of Pediatrics, effective July 1, 2000.
Dr.
William J. Brady from Assistant Professor of Emergency
Medicine and Assistant Professor of Clinical Internal Medicine
to Associate Professor of Emergency Medicine, without term,
and Associate Professor of Clinical Internal Medicine, for
three years, effective July 1, 2000.
Ms. Maite Brandt-Pearce from Assistant Professor
of Electrical Engineering to Associate Professor of Electrical
Engineering, effective August 25, 2000.
Mr. Frederick J. Brigham from Assistant Professor
of Education to Associate Professor of Education, effective
August 25, 2000.
Mr. John K. Brown from Assistant Professor of Technology,
Culture and Communication to Associate Professor of Technology,
Culture and Communication, effective August 25, 2000.
Ms.
Beth P. Camden from Assistant Librarian, General Faculty,
Alderman Library, to Associate Librarian, General Faculty,
Alderman Library, effective August 25, 2000.
Mr. James G. Clawson from Associate Professor of
Business Administration to Professor of Business Administration,
effective August 25, 2000.
5856
Dr.
Bruce J. Cohen from Assistant Professor of Psychiatric
Medicine and Assistant Professor of Clinical Physical Medicine
and Rehabilitation to Associate Professor of Psychiatric Medicine
and Associate Professor of Clinical Physical Medicine and
Rehabilitation, for three years, effective July 1, 2000.
Mr. Dale C. Copeland from Assistant Professor of
Government and Foreign Affairs to Associate Professor of Government
and Foreign Affairs, effective August 25, 2000.
Ms. Teresa B. Culver from Assistant Professor of
Civil Engineering to Associate Professor of Civil Engineering,
effective August 25, 2000.
Dr. Alan C. Dalkin from Associate Professor of
Internal Medicine, with term, to Associate Professor of Internal
Medicine, without term, effective July 1, 2000.
Ms.
Diane L. Damiano from Assistant Professor of Orthopaedic
Surgery to Associate Professor of Orthopaedic Surgery, for
three years, effective July 1, 2000.
Mr. Richard N. Day from Associate Professor of
Internal Medicine, with term, and Associate Professor of Cell
Biology, with term, to Associate Professor of Internal Medicine,
without term, and Associate Professor of Cell Biology, for
three years, effective July 1, 2000.
Mr. John D. Dillery from Assistant Professor of
Classics to Associate Professor of Classics, effective August
25, 2000.
Dr.
David B. Drake from Assistant Professor of Plastic Surgery
and Assistant Professor of Clinical Otolaryngology —
Head and Neck Surgery to Associate Professor of Plastic Surgery,
for four years, and Associate Professor of Clinical Otolaryngology
— Head and Neck Surgery, for three years, effective July
1, 2000.
Dr.
Kimberly P. Dunsmore from Assistant Professor of Pediatrics
to Associate Professor of Clinical Pediatrics, for three years,
effective July 1, 2000.
5857
Mr. Kenneth M. Eades from Associate Professor of
Business Administration to Professor of Business Administration,
effective August 25, 2000.
Ms. Deborah Eisenberg from Professor, General Faculty,
to Professor of English, effective August 25, 2000.
Mr.
Anthony Frankfurter from Associate Research Professor,
General Faculty, to Research Professor, General Faculty, effective
August 25, 2000.
Dr.
John P. Franko from Assistant Professor of Clinical Family
Medicine to Associate Professor of Clinical Family Medicine,
for three years, effective July 1, 2000.
Dr.
Thomas J. Gampper from Assistant Professor of Plastic
Surgery and Assistant Professor of Clinical Neurosurgery to
Associate Professor of Plastic Surgery and Associate Professor
of Clinical Neurosurgery, for three years, effective July
1, 2000.
Dr. Spencer B. Gay from Associate Professor of
Radiology to Professor of Radiology, effective July 1, 2000.
Dr.
Lawrence W. Gimple from Associate Professor of Internal
Medicine to Professor of Internal Medicine, effective July
1, 2000.
Mr.
Jacob Goeree from Assistant Professor of Economics to
Associate Professor of Economics, effective August 25, 2000.
Mr.
Andrew Grimshaw from Associate Professor of Computer Science
to Professor of Computer Science, effective August 25, 2000.
Ms.
Margaret M. Grogan from Assistant Professor of Education
to Associate Professor of Education, effective August 25,
2000.
5858
Mr.
Daniel J. Haisenleder from Assistant Professor of Research
in Internal Medicin
