The Asheville-Buncombe Technical Community College Board of Trustees convened a meeting on Monday, April 1, 2019, at 3:00 p.m. in the Magnolia Building. Mary Ann Rice, Chair, presided.
The following members of the Board were present: Gene Bell, Bruce Briggs, Joe Brumit, Ron Edgerton, Mike Fryar, Matt Kern, Keynon Lake, Roger Metcalf, John Parham, and Frances Ramsey, and Darinda Noah, Ex-Officio.
Others present for the meeting included: Dennis King, President; Dirk Wilmoth, Vice President Business and Finance/CFO; Terry Brasier, Vice President Student Services; Shelley White, Vice President Economic and Workforce Development/Continuing Education; Beth Stewart, Vice President Instructional Services; Brian Willis, Vice President Information Technology/CIO; Kerri Glover; Executive Director of Community Relations and Marketing; Shanna Chambers, Executive Director of Human Resources; Chris Campbell, College Attorney; and Carolyn Rice, Secretary to the Board.
Call To Order
Chair Mary Ann Rice read the ethics statement. No conflicts of interest were reported. Ms. C. Rice called roll. A quorum was present.
New Hire Introduction
Mr. Darryl Rhymes introduced two new employees to the Trustees, one of whom was Darinda Noah, the Board’s Ex-Officio member.
Consent Agenda
Chair Rice asked the Trustees to read the Closed Session Minutes from October 1, 2018, November 8, 2018, and January 28, 2019.
Mr. Matt Kern asked to have Consent Agenda item 1. H. Proposed Budgets for Madison and Buncombe Counties moved to the Resolution/Action Items for discussion.
Mr. Gene Bell asked that Consent Agenda item 1. I. Termination of Academic Programs also be moved to the Resolution/Action Items for discussion.
Dr. Roger Metcalf moved to approve Consent Agenda items: 1. A. October 1, 2018, Closed Session Minutes; 1. B. November 8, 2018, Closed Session Executive Committee Meeting Minutes; 1. C. January 28, 2019, Closed Session Executive Committee Meeting Minutes; 1. D. February 7, 2019 Board Meeting Minutes; 1. E. March 6, 2019, Executive Committee Meeting Minutes; 1. F. March 6, 2019, Special Called Board Meeting Minutes; and 1. G. Personnel Actions.
The motion to approve Consent Agenda items 1. A. through 1. G. was seconded by Mr. Kern, and approved unanimously by the Board.
Resolution/Action Items
1. H. Dr. Wilmoth discussed the proposed budget requests for Buncombe and Madison Counties with the Board. The College is requesting an increased budget from Buncombe County to prepare for needed maintenance on the Technology Commercialization Center building in Enka, as well as to meet a two percent salary increase for county-paid positions.
Dr. Wilmoth stated that the College is also asking for a small increase from Madison County to cover the costs of security when the campus is used after hours. Mr. Briggs suggested that the College ask the Sherriff’s Department to provide security, and Dr. Wilmoth agreed to look into that option.
On a motion by Mr. Kern, seconded by Mr. Brumit, the Proposed Budgets for Madison and Buncombe Counties passed by unanimous consent.
1. I. Dr. Beth Stewart informed the Board that five academic programs were being terminated due to low enrollment and accreditation issues. Students who are currently enrolled in the programs slated for the termination will have the opportunity to complete their course of study. The Physical Therapist Assistant (PTA) program proved to be very costly and time-consuming for the College to get started, and demands were made that the College can’t justify spending the additional time and money on. The Occupational Therapy Assisting (OTA) program will move into the fifth floor of the Ferguson Allied Health and Workforce Development Building. With the larger space, enrollment in the OTA program is expected to increase which will also result in an increase in FTE (Full Time Equivalency).
On a motion by Mr. Kern, seconded by Mr. Edgerton, the Termination of Academic Programs was approved by unanimous consent.
2. A. Ms. Shanna Chambers informed the Board that the Administrative Employees Work Hours Policy has been updated to specify that part-time regular staff employees may work up to 29 hours per week.
On a motion by Mr. Brumit, seconded by Dr. Metcalf, the Administrative Employees Work Hours Policy was approved by unanimous consent.
2. B. Dr. King stated that although several Board Priorities were established for 2018-2019, at the November Board Retreat, they were not acted on.
On a motion by Dr. Metcalf, seconded by Mr. Kern, the Board Priorities for 2018-2019 were approved by unanimous consent.
2. C. Dr. Stewart stated that faculty member Ms. Best has an opportunity to study in Ireland this summer. The College’s insurance policy will cover Ms. Best while she is abroad.
On a motion by Dr. Metcalf, seconded by Mr. Kern, the Faculty Study Abroad Trip to Ireland was approved by unanimous consent.
2. D. Ms. Karen Walker, CPA with Cherry Bekaert, LLP, called into the Board meeting to discuss the Financial Statements and Audit for the Fiscal Year Ended June 30, 2018. Ms. Walker stated that the College had a clean audit with no findings, which is the best possible outcome.
Several Trustees asked to receive a summary of the audit findings instead of a full report.
Mr. Edgerton suggested the Board create an Audit Committee which can review the financial statements and make recommendations regarding any findings to the full Board.
On a motion by Dr. Metcalf, seconded by Mr. Kern, the Financial Statements and Audit for the Fiscal Year Ended June 30, 2018, were approved by unanimous consent.
2. E. Dr. Wilmoth requested Authorization to Remove Overdue Student Accounts from the College’s books and to turn the overdue accounts over to the state for collection.
Mr. Brumit asked if the state had been able to collect any of the written-off accounts and return those funds to the College. Dr. Wilmoth stated that the College has recovered some of the funds. Mr. Brumit then asked to have student fund recovery information added to the Resolution in the future.
On a motion by Mr. Brumit, seconded by Dr. Parham, the Authorization to Remove Overdue Student Accounts was approved by unanimous consent.
2. F. Dr. Stewart informed the Board that upon state approval, the College wishes to offer a new program called Public Service Administration. The Public Service Administration curriculum is designed to provide students with knowledge and skills in the technical, managerial, and administrative areas necessary for entrance or advancement within various public safety and government organizations. Jobs in this field are expected to grow over the next five to ten years.
On a motion by Mr. Kern, seconded by Dr. Parham, the Approval of the Public Service Administration Program was approved by unanimous consent.
Trustee Business
3. A. Chair Rice informed the Board that the Executive Committee has received, reviewed, and countered an additional offer for the Enka property. The Committee is currently negotiating the offer and hopes to share final details with the Board during the June meeting.
3. B. Chair Rice informed the Board that Dr. King, Mr. Bell, Dr. Parham, and Ms. Hallum were attending the NCACCT 2019 Law/Legislature Seminar on behalf of the College.
3. C. Chair Rice asked the Board to please note the following date changes to future Board meetings:
- The June 3 meeting has been moved to June 10, 2019, at 3:00 p.m. in the Magnolia Dining Room.
- The August 5 meeting has been moved to August 12, 2019, at 3:00 p.m. in the Magnolia Dining Room.
3. D. Chair Rice has appointed Mr. Brumit, Ms. Hallum, and Dr. Metcalf to the President’s Evaluation Committee. This Committee will also act as the Board Nominating Committee.
3. E. Chair Rice stated that the College Attorney has provided the Trustees with a memorandum regarding the law and possible Board policies regarding future complaints against Trustees. Dr. Metcalf and Mr. Brumit thanked the Chair and President for their efforts and the manner in which the resignation of Mr. Murdock was handled. Mr. Bell questioned the President regarding his previous discussion with the Foundation Chair about allegations of wrongdoing in Mr. Murdock’s past. Dr. King stated that his recollection of the meeting differs from the Foundation Chair as detailed in his letter to the Board. Mr. Edgerton stated that the matter was an embarrassment to the College and that an immediate meeting should have been called to address Mr. Murdock’s prior guilty plea in 1988. Mr. Campbell stated that the Chair and President, with his counsel, elected not to give interviews or call a Board meeting until all possible allegations of wrongdoing being investigated by CNN were known. He stated that this decision was made to protect the College given the uncertainty at the time of what could be proven and what was a rumor. The decision was not made to provide Mr. Murdock with an advantage and he resigned within days of the CNN news story being published such that a meeting by the Board of Trustees was not necessary.
Mr. Campbell emphasized that Trustees hold a public office and are entitled to Constitutional and statutory due process. The statute on the removal of trustees requires that the Board must hold a public meeting and, based on specific evidence, make findings that an allegation or allegations are true before voting to remove a Trustee. No other Trustee objected to the decisions of the Chair and President to wait until the CNN story was published before proceeding with a Board meeting and several Trustees stated that the resignation allowed the College to move forward. Given his disagreement, Mr. Edgerton expressed concerns about a future policy that puts decision-making in the hands of the Chair, Vice-Chair, President, and legal counsel. Mr. Campbell stated that a draft policy can be formulated by the Executive Committee for full Trustee action and such a policy can state that a single board member can request a meeting of the Board to consider appropriate action, including further investigation, with regards to future allegations against a Trustee. Any draft policy will be fully discussed in an open session at a future Board of Trustees meeting.
Mr. Edgerton moved that the Executive Committee present a Policy to the Board which includes establishing background checks on potential Trustees, the processes for Trustee removal, as well as how to handle negative issues that affect the College. Mr. Bell seconded the motion which was approved by unanimous consent.
President's Report
Due to the late hour, Dr. King will email his Board Report to the Trustees. (A copy is attached.)
Student Government Association Report
Ms. Darinda Noah provided the following report to the Board:
- The SGA has awarded study abroad scholarships to students who are going to Italy and Ecuador this summer.
- The SGA is in the planning stages for the end of the semester.
Handouts
Chair Rice mentioned that the Connect NC Budget Status Report, the FY 2018 vs. FY 2019 Budget Status, and the 2016-2019 Tracking Measures Scorecard Update were in the Board packet for review.
Dr. King informed the Trustees that the local Bill regarding the MOU between Buncombe County and the College has been finalized and will be presented to the General Assembly for action.
Dr. King also informed the Board that the 2019/2020 RISE projects will be mailed to each Trustee.
Adjourn
On a motion by Mr. Kern, seconded by Mr. Brumit, the meeting adjourned at 5:10 p.m. by unanimous consent.
Respectfully submitted,
Carolyn H. Rice
Board Secretary