Minutes of the Special Meeting of

August 30, 2012


A special meeting of the Board of Trustees of Northern Michigan University was held on Thursday, August 30, 2012 in the Board of Trustees Meeting Room, 602 Cohodas Hall, Northern Michigan University, Marquette, Michigan.  The meeting was convened at 7:35 a.m. by Chair Brian Cloyd.


Trustees present included:

Mr. Brian D. Cloyd, Chair (via teleconference)   Dr. L. Garnet Lewis (via teleconference)      

      Mr. Stephen F. Adamini  (via teleconference)      Mr. Richard M. Popp  (via teleconference)    

Mr. Jon G. LaSalle (via teleconference)               Dr. H. Sook Wilkinson (via teleconference)  

      Mr. Gilbert L. Ziegler (via teleconference)


Trustees absent included:

      Mr. Stephen L. Gulis, Jr


Senior staff and counsel present included:

Ms. Catherine L. Dehlin, General Counsel

Dr. Paul Lang, Provost and Vice President for Academic Affairs

      Mr. R. Gavin Leach, V.P. for Finance and Administration and Treasurer of the Board

      Ms. Theresa M. Nease, Executive Assistant to the President and Secretary of the Board of Trustees


Chair Cloyd called for a roll call.  A roll call was conducted, and all Board members with the exception of Mr. Gulis were present.




Marquette General Health System (MGHS) recently requested that Northern Michigan University approve a Termination of Encumbrances document necessary for MGHS to close its purchase by Duke LifePoint (DLP) on August 31, 2012.  NMU retained an interest in property NMU sold to MGHS in 1979 along Kaye Avenue across the street from the University Center.  That interest included:  1.) certain covenants by MGHS to maintain and landscape the property; 2) NMU’s right-of-first refusal to purchase the property; and 3) negative easement along Kaye Avenue preventing vehicle and pedestrian access across the property to Kaye Avenue by MGHS for NMU’s benefit.  The NMU Administration recommended to the Board approval of a modified Termination of Encumbrances document agreed to by MGHS and DLP that terminates the first two interests but retains the third so that the Kaye Avenue access prohibition continues, preserving NMU’s key interest in the property.  The Board reviewed the Termination of Encumbrances document.  The administration responded to questions from the Board members.


The Board then took the following action:


It was moved by Trustee LaSalle and supported by Trustee Wilkinson to approve the Termination of Encumbrances document 


Mr. Adamini stated he would abstain from the discussion and the vote as a member of his firm has been working with MGHS on the purchase of the hospital by Duke LifePoint.


On a roll-call vote, the Board voted as follows:


                                     Aye                            Nay                 Abstain

                                                                                                Mr. Adamini

Mr. Cloyd

                                    Mr. LaSalle

                                    Dr. Lewis

                                    Mr. Popp

                                    Dr. Wilkinson

                                    Mr. Ziegler


The motion was thus carried unanimously.



Chair Cloyd adjourned the meeting at 7:45 a.m.


Respectfully submitted,





Theresa M. Nease, Secretary of the Board