DOCKET
January 19, 2001

The President will propose the adoption of the following resolution:

WHEREAS, the Commonwealth of Virginia required by statute that the University of Virginia offer its employees an opportunity to receive a contribution based on employee contributions to its voluntary retirement savings program; and

WHEREAS, the University of Virginia established the Commonwealth of Virginia Matching Contribution Retirement Plan for Salaried Employees of the University of Virginia and the University of Virginia Medical Center (hereinafter "Plan"); and,

WHEREAS, the Plan contains an eligibility term that requires employees to work at the University for 12 months before receiving a match, while other institutions of higher education require only 12 months of state (Commonwealth of Virginia) service; and,

WHEREAS, the University considers recruitment of new employees an important function of the benefit plans that it offers;

RESOLVED that the University adopts in all material respects the First Amendment to the Commonwealth of Virginia Matching Contribution Retirement Plan for Salaried Employees of the University of Virginia and the University of Virginia Medical Center, attached as Appendix A.

Items 1.b., 1.c., and 1.d. 2.

The President will propose the adoption of the following resolution:

RESOLVED that Dagit Saylor Architects of

Philadelphia, Pennsylvania, is approved for the performance of architectural and engineering services for the Observatory Hill Dining Facility project.

MINES, MINERALS, AND ENERGY ACROSS UNIVERSITY OF VIRGINIA PROPERTY LOCATED AT THE UNIVERSITY OF VIRGINIA’S COLLEGE AT WISE

The President will propose the adoption of the following resolution:

RESOLVED that the granting of an easement, dated

January 10, 2001, to the Department of Mines, Minerals, and Energy, for work associated with the reclamation of a mine bench and abandoned highwall area across property owned by The Rector and Visitors of the University of Virginia, is approved.

RESOLVED FURTHER that appropriate officers of

the University are authorized to execute said dedication and easement.

The President will propose the adoption of the following resolution:

RESOLVED that VMDO Architects of

Charlottesville, Virginia, is approved for the performance of architectural and engineering services for the Engineering Research Center and the new Materials Science Building projects.

Item 1.e. 3.

The President will propose the adoption of the following resolution:

WHEREAS, the University owns the buildings at 206

and 208 15^th Street (FAACS Building Numbers: 209-1112 and 209-1113) in Charlottesville; and

WHEREAS, it is not cost-effective to operate or

maintain the residences on these properties; and

WHEREAS, the demolition of these structures will

allow for critically needed parking for Health System staff; 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;

WHEREAS, the Art and Architectural Review Board

and the Department of Historic Resources have approved the removal of these structures;

RESOLVED that the removal of the buildings at 206

and 208 15^th Street, 209-1112 and 209-1113, 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 buildings, and that the said officer ensure that the required report regarding the buildings’ removal is sent to the Department of General Services.

Item 1.f. 4.

f. CONFLICT OF INTEREST EXEMPTION

The President will propose the adoption of the following resolution:

WHEREAS, the School of Medicine wishes to enter into a sponsored research contract with MonicAid Corporation to investigate the role of human IgM antibodies to chemokine receptors in HIV and AIDS; and

WHEREAS, Peter I. Lobo, M.D., has disclosed in advance his and his family’s equity interests of 88.5% percent in MonicAid Corporation; and

WHEREAS, the School of Medicine’s entry into a research agreement with MonicAid Corporation would thereby expose Dr. Lobo to violation of the Virginia Conflict of Interests Act unless approved by the Board as permitted by Section 2.1-639.6(c) (7) of the Code of Virginia;

RESOLVED that the conflict of interest of Peter I. Lobo, M.D., is approved by the Board of Visitors in order to permit the University to enter into an agreement with MonicAid Corporation, for research funding to investigate the role of human IgM antibodies to chemokine receptors in HIV and AIDS; provided, as required by the law, Dr. Lobo files the required annual disclosure statement of personal interests in MonicAid Corporation, the University files the required annual report concerning the contracts with the Secretary of the Commonwealth, and the relevant department chair vigilantly oversees application of University resources in the best interests of the University and in accordance with policy.

Item 1.g. 5.

g. CONFLICT OF INTEREST EXEMPTION

The President will propose the adoption of the

following resolution:

WHEREAS, the University of Virginia wishes to enter into a contract with Directed Vapor Technologies International, Incorporated, to test vapor deposition processes and materials for commercial markets; and

WHEREAS, James Groves, Douglas Queheillalt and Derek Haas have disclosed in advance their equity interests in DVTI, Incorporated; and

WHEREAS, the University of Virginia’s entry into an agreement with DVTI, Incorporated, would thereby expose Drs. Groves, Queheillalt and Haas to violation of the Virginia Conflict of Interests Act unless approved by the Board as permitted by Section 2.1-639.6(c) (7) of the Code of Virginia;

RESOLVED that the conflict of interest of James Groves, Douglas Queheillalt and Derek Haas is approved by the Board of Visitors in order to permit the University to enter into an agreement with DVTI, Incorporated, for funding to continue specific commercial application of vapor deposition technology; provided, as required by the law, that James Groves, Douglas Queheillalt and Derek Haas file the required annual disclosure statement of personal interests in DVTI, Incorporated, the University files the required annual report concerning the contracts with the Secretary of the Commonwealth, and the relevant department chair vigilantly oversees application of University resources in the best interests of the University and in accordance with policy.

Item 2.a. 6.

II. ACTION ITEMS

2002

The President will propose the adoption of the following resolution:

RESOLVED that rental increases for student housing facilities be approved as shown below, effective beginning with the 2001-2002 session:

DOWNLOAD ATTACHMENT WITH HOUSING RATES FOR 2001-2002
(IN WORD 98 FORMAT)

THE UNIVERSITY OF VIRGINIA FOUNDATION

Detailed resolution to be provided at the January 2001, meeting of the Board of Visitors.

OF VIRGINIA FOUNDATION RESEARCH PARKS

The President will propose the adoption of the following resolution:

RESOLVED that the mission statement of the University of Virginia Foundation Research Parks, is approved as follows:

MISSION STATEMENT

THE UNIVERSITY OF VIRGINIA RESEARCH PARKS

The mission of the University of Virginia Research Parks is to provide state-of-the-art facilities that serve as a catalyst for the creation and enhancement of research and business collaboration between the University of Virginia and the public and private sectors, for the economic and societal benefit of the Commonwealth of Virginia, the Central Virginia region and the nation.

This Research Park mission is validated by:

• Creating faculty and student research projects in partnership with research park entities.

• Fostering and enhancing reciprocal consulting opportunities benefiting University faculty as well as researchers and administrative leaders representing research park entities.

• Item 2.c. continued, Items 2.d. and 2.e. 11.

• Establishing joint venture business opportunities and technology transfer between the University, its faculty and students and research park entities.

• Providing exciting employment opportunities for University of Virginia students and members of the Central Virginia community, in the process providing economic stimulus to the area.

• Serving as a recruiting and retention tool for key University faculty by providing cutting-edge research possibilities for faculty and employment opportunities for faculty spouses.

DESIGN FOR THE ENVIRONMENTAL SCIENCES FIELD

STATION PROJECT

The President will propose the adoption of the

following resolution:

RESOLVED that the schematic and preliminary design, dated January 10, 2001, and prepared by Bushman Dreyfus Architects of Charlottesville, for the Environmental Sciences Field Station project, is approved for further development and construction.

AQUATIC & FITNESS CENTER ADDITION PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the schematic design, dated January 10, 2001, and prepared by Hughes Group Architects of Sterling, for the Aquatic & Fitness Center Addition project, is approved; and

RESOLVED FURTHER that the project will be presented for further review at the preliminary design level of development.

Items 2.f., 2.g., and 2.h. 12.

MEDICAL RESEARCH BUILDING #6 PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the schematic design, dated January 10, 2001, and prepared by Henningson, Durham, and Richardson of Alexandria, for the Medical Research Building #6 project, is approved; and

RESOLVED FURTHER that the project will be presented for further review at the preliminary design level of development.

TOWERS FOR REGIONAL 800 MHZ PUBLIC SAFETY RADIO PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the Board of Visitors approves the siting of a replacement tower and attached dish antennas at Fan Mountain, a replacement light tower and attached dish antennas at Klockner Stadium, and a tower and attached dish antennas at the Emergency Communications Center, as necessary for the Regional 800 MHz Public Safety Radio Project.

COMMITTEE

The Rector will report on the following actions taken by the Executive Committee on November 9, 2000, and January 10, 2001:

1. APPROVAL OF ARCHITECT SELECTION FOR TERM CONTRACT

(Adopted November 9, 2000)

RESOLVED that Phillip Swager Associates of

McLean, is approved for the performance of architectural and engineering services for projects initiated under the term contract for the University of Virginia.

Item 2.h. continued 13.

HALL RENOVATION AT THE UNIVERSITY OF VIRGINIA’S COLLEGE AT WISE

(Adopted November 9, 2000)

RESOLVED that Mitchell/Matthews, Architects & Planners, of Charlottesville, is approved for the performance of architectural and engineering services for the Crockett Hall Renovation project at The University of Virginia’s College at Wise.

3. APPROVAL OF COMMUNITY MEDICINE, LLC (Adopted November 9, 2000)

WHEREAS, the University wishes to enhance primary care delivery to its patients; and

WHEREAS, the University has developed a model for delivery of primary care by physicians whose main focus is outpatient primary care, which involves creating a wholly-owned non-profit, taxable subsidiary limited liability company; and

WHEREAS, the University will initially use this model for four primary care physicians in the Northridge practice;

RESOLVED that the University is authorized to form Community Medicine University of Virginia, LLC, a non-profit, taxable subsidiary limited liability company, to operate the practice of primary care physicians; and

RESOLVED FURTHER that the University is authorized to provide supplemental funds to Community Medicine University of Virginia, LLC, in accordance with its business plan; and

RESOLVED FURTHER that the Executive Vice President and Chief Operating Officer is authorized to execute the contracts, forms and other documents necessary to form Community Medicine University of Virginia, LLC, and to operate the company.

Item 2.h. continued 14.

WHEREAS, the School of Medicine has determined that a critical shortage of research space exists and will soon have a negative impact on continued growth in existing and future research programs; and

WHEREAS, the University requests that the University of Virginia Foundation construct the Fontaine Research Center, a laboratory building to be located at the Fontaine Research Park; and

WHEREAS, the University expects to buy the building upon completion, at a price not to exceed the appraised value of the property; and

WHEREAS, the project costs of the Fontaine Research Center acquisition are expected not to exceed $17.0 million;

RESOLVED that the Executive Vice President and Chief Operating Officer is authorized, consistent with applicable University and State policies, to seek state approval for acquisition of the Fontaine Research Center, provide construction loans, arrange bond financing and execute such documents as may be necessary to effect the transactions including acquisition of the completed facility and the land from the University of Virginia Foundation and/or the University of Virginia Real Estate Foundation.

RESEARCH CENTER

(Adopted November 9, 2000)

WHEREAS, the United States Department of the Treasury has promulgated final regulations in Section l.l50-2 of the Treasury Regulations (the "Regulations") governing when the allocation of bond proceeds to reimburse expenditures previously made by a borrower shall be treated as an expenditure of the bond proceeds; and

WHEREAS, the Regulations require a declaration

of official intent by a borrower to provide evidence that the borrower intended to reimburse such expenditures with proceeds of its bonds; and

Item 2.h. continued 15.

WHEREAS, the Board of Visitors of the University

of Virginia (the "University") desires to make such a declaration of official intent as required by the Regulations;

RESOLVED that, pursuant to the Regulations, the University hereby declares its intent to reimburse expenditures in accordance with the following:

1. The University reasonably expects to reimburse expenditures incurred for the construction of the Fontaine Research Center proceeds from the issuance of tax-exempt bonds ("bonds") to be issued by the University either directly or through the College Building Authority with the approval of the Treasury Board;

LOAN AND AN EQUITY INVESTMENT FOR THE EMERGING

TECHNOLOGY CENTER

(Adopted November 9, 2000)

WHEREAS, the local research community, including

University faculty members, have identified a need for reasonably-priced high-technology and wet and dry laboratory space which will allow start-up companies to locate and grow their companies in the region; and

WHEREAS, suitable laboratory facilities for faculty start-up companies will assist the University in attracting and retaining faculty doing research on the cutting edge of science and technology; and

WHEREAS, the University of Virginia Foundation has endorsed the construction of the Emerging Technology Center; and

Item 2.h. continued 16.

WHEREAS, the construction of facilities for the direct and indirect benefit of the University will require a construction loan made directly or indirectly by the University; and

WHEREAS, permanent financing may require an equity investment by the University of up to 25 percent of the costs of the facility; and

WHEREAS, total project costs are estimated to be $5.45 million.

RESOLVED that the concept of the Emerging Technology Center is approved and the Board of Visitors endorses the resolution on the Emerging Technology Center adopted by the Board of Directors of the University of Virginia Foundation on October 27, 2000; and

RESOLVED FURTHER that the Executive Vice President and Chief Operating Officer, subject to approval by the Rector and the Chair of the Finance Committee, is authorized to approve a construction loan, and make an equity investment from the University’s endowment or other appropriate University funds of up to 25 percent of the building costs not to exceed $1.4 million, to assist the University Real Estate Foundation in financing and building the Emerging Technology Center, with the understanding that due diligence will be accomplished on review of the business plan for the Emerging Technology Center; and

RESOLVED FURTHER that the University Real Estate Foundation will not be authorized to initiate the proposed project until the projected cost of the project and the business/financial plan has been approved by the Executive Vice President and Chief Operating Officer with the concurrence of the Rector and the Chair of the Finance Committee.

7. APPROVAL OF THE ASSIGNMENT OF PAVILION IX

(Adopted November 9, 2000)

RESOLVED that Pavilion IX, West Lawn, be assigned to Karen van Lengen, Dean of the School of Architecture, and her family, for five years, effective August 17, 2001.

Item 2.h. continued 17.

8. 2000-01 SALARIES FOR PRESIDENT JOHN T. CASTEEN, III, AND CHANCELLOR L. JAY LEMONS

(Adopted November 9, 2000)

RESOLVED that the Rector and Visitors of the University of Virginia approve the following 2000-01 salary recommendations for the President of the University of Virginia and the Chancellor of the University of Virginia’s College at Wise:

President John T. Casteen, III:

Chancellor L. Jay Lemons

RESOLVED FURTHER that the Rector and Visitors of the

University of Virginia attest to their positive evaluation of the performances of President John T. Casteen, III, and Chancellor L. Jay Lemons.

Item 2.h. continued 18.

FOR THE ACADEMIC DIVISION

(Adopted January 10, 2001)

WHEREAS, on October 2, 2000, the Rector and Visitors approved a list of capital budget amendments to be submitted to the Governor; and

WHEREAS, the construction bids on the Clark Hall Renovation and Addition project have exceeded the original estimates and require a general fund supplement; and

WHEREAS, the University has identified additional projects to be funded with gifts, grants, and other internally generated revenue; and

WHEREAS, the additional requests are consistent with the mission of the institution and with its strategic plan;

RESOLVED that the Board of Visitors of the University of Virginia endorses and supports the legislative budget amendment requests; and

RESOLVED FURTHER that the Executive Vice President and Chief Operating Officer is authorized to transmit the amendment requests to the General Assembly.

APPROVAL OF LEGISLATIVE BUDGET AMENDMENT FOR THE COLLEGE AT WISE

(Adopted January 10, 2001)

WHEREAS, in March 1999, the Rector and Visitors approved the Six-Year Capital Outlay Plan for The University of Virginia’s College at Wise; and

WHEREAS, the Plan included a 2002-2004 project for a Physical Education and Convocation Center; and

WHEREAS, a feasibility study is necessary to determine the viability of the project;

RESOLVED that the Board of Visitors of the University of Virginia concurs with the legislative budget amendment request to fund a feasibility study; and

Item 2.h. continued, Item 2.i. 19.

RESOLVED FURTHER that the Board’s future endorsement of the project is contingent on the results of the feasibility study and its impact on the financial operations of the College; and

RESOLVED FURTHER that the Chancellor ad interim of the College at Wise is authorized to transmit the amendment request to the General Assembly.

i. MEMORIAL RESOLUTION FOR MR. HERBERT C. POLLOCK

The President will propose the adoption of the

following resolution:

WHEREAS, Herbert C. Pollock, a native of Staunton, took his B.A. from the University in 1933 and a D.Phil. from Oxford University in 1937; and

WHEREAS, Mr. Pollock joined the staff of the General Electric Research Laboratory in 1937, an association that he continued until his retirement in 1976; and

WHEREAS, During World War II, Mr. Pollock was a member of the Manhattan Project which produced the first atomic bombs; and

WHEREAS, Mr. Pollock served two terms on the Board of Visitors, from 1955 to 1963; and

WHEREAS, Mr. Pollock died in Connecticut on November 24, 2000;

RESOLVED that the Board of Visitors notes with profound sadness the death of Mr. Pollock, expresses gratitude for his devoted service to the University and extends condolences to his family.

APPENDIX A

FIRST AMENDMENT TO THE COMMONWEALTH OF VIRGINIA

MATCHING CONTRIBUTION RETIREMENT PLAN FOR SALARIED EMPLOYEES OF THE UNIVERSITY OF VIRGINIA AND

THE UNIVERSITY OF VIRGINIA MEDICAL CENTER

WITNESSETH:

WHEREAS, the Plan was established April 1, 2000; and

WHEREAS, Section 2.1 of the Plan currently requires 12 months of service at the University prior to participation in the Plan; and

WHEREAS, other Commonwealth institutions of higher education require only 12 months of service at any state agency prior to participation in their cash match plans; and

WHEREAS, the University desires to amend the plan to allow participants to count a month of service performed at any Commonwealth agency toward the 12-month waiting period in order to remain competitive in the employment market; and

WHEREAS, Section 7.1 permits the University to amend the Plan;

NOW, THEREFORE, the Plan is amended to read as follows effective upon execution of this First Amendment:

1. Section 1.16 of the Plan shall be amended to read as follows:

Each month for which an Eligible Employee is entitled to an employer contribution to a Commonwealth-or Commonwealth agency-sponsored retirement plan, including but not limited to the VRS, the Defined Contribution Retirement Plan for the General Faculty of the University of Virginia, or the Defined Contribution Retirement Plan for Employees of the University of Virginia Medical Center.

2. Section 2.1 of the Plan shall be amended to read as follows:

2.1 Participants

Any Eligible Employee who completed at least twelve (12) consecutive Months of Service.

IN WITNESS WHEREOF, the University has caused this FIRST AMENDMENT TO THE COMMONWEALTH OF VIRGINIA MATCHING CONTRIBUTION RETIREMENT PLAN FOR SALARIED EMPLOYEES OF THE UNIVERSITY OF VIRGINIA AND THE UNIVERSITY OF VIRGINIA MEDICAL CENTER to be executed by its duly authorized officer, this 19th day of January, 2001.

THE UNIVERSITY OF VIRGINIA

By: ___________________________________

Leonard W. Sandridge, Jr.

Executive Vice President and

Chief Operating Officer

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