The Asheville-Buncombe Technical Community College Board of Trustees convened a meeting on Thursday, February 7, 2019, at 1:35 p.m. in the Magnolia Building. Mary Ann Rice, Chair, presided.
The following members of the Board were present: Gene Bell, Bruce Briggs, Wayne Brigman, Ron Edgerton, Mike Fryar, Jacquelyn Hallum, Matt Kern, Keynon Lake, Roger Metcalf, William Murdock, John Parham, Frances Ramsey, and Darinda Noah, Ex-Officio. Trustee Joe Brumit participated by phone.
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; David White, Executive Director of Research and Planning; 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 several new employees to the Trustees.
Consent Agenda
Ms. Jacquelyn Hallum moved to approve the Consent Agenda items: 1. A. September 26, 2018, Executive Committee Meeting Minutes; 1. B. October 1, 2018 Board Meeting Minutes; 1. C. November 8, 2018, Executive Committee Meeting Minutes; 1. D. November 13, 2018, Executive Committee Meeting Minutes; 1. E. December 19, 2018, Executive Committee Meeting Minutes; 1. F. January 2, 2019, Executive Committee Meeting Minutes; and 1. G. Personnel Actions.
The motion to approve the Consent Agenda was seconded by Mr. Brigman and approved unanimously by the Board.
Resolution/Action Items
2. A. Dr. Wilmoth presented seven offers for the Enka property to the Board. Dr. Wilmoth stated that the recommendation of the Executive Committee was to reject all of the offers as presented.
On a motion by Mr. Kern, seconded by Mr. Brigman, all offers for the Enka property were rejected by unanimous consent.
Dr. Wilmoth then stated that the Executive Committee also recommended that the contract with Mr. James Wilson and Pulliam Properties, Inc. not be extended beyond December 31, 2018.
On a motion by Mr. Brigman, seconded by Ms. Ramsey, the non-renewal of the contract with Mr. James Wilson and Pulliam Properties, Inc. was approved by unanimous consent.
2. B. Dr. Wilmoth discussed the proposed 2019-2020 Schedule of Fees with the Board. One of the fees the College proposes to increase is the Campus Access, Parking, and Security (CAPS) fee. The increase in fees will be used to establish a competitive salary schedule for police officers and to further enhance parking and campus security systems.
Mr. Gene Bell inquired as to why the College has never employed a black police officer or security guard. Dr. King stated that anyone with the right credentials who applies for any position on campus is considered. Mr. Darryl Rhymes added that the College recruits widely for all positions. Minorities typically have not applied for police positions.
On a motion by Mr. Brigman, seconded by Dr. Parham, the 2019-2020 Schedule of Fees was approved by unanimous consent.
2. C. Dr. King asked the Board to rename the Magnolia Dining Room in The Brumit Center for Culinary Arts and Hospitality the “Chef Sheila A. Tillman Dining Room” in appreciation for Chef Tillman’s devotion and dedication to student learning and student achievement at A-B Tech.
On a motion by Dr. Metcalf, seconded by Mr. Murdock, the Board approved the Chef Sheila A. Tillman naming resolution by unanimous consent.
Trustee Business
3. A. Chair Rice asked the Trustees to please let Ms. C. Rice know if they would like to attend the April 3-5, 2019 NCACCT Law/Legislative Seminar in Raleigh.
3. B. Chair Rice informed the Board that she appointed Trustees Matt Kern and Bill Murdock to join the Executive Committee as ad-hoc members to participate in discussions pertaining to the Enka Property.
3. C. Chair Rice introduced Mr. George Wood, Interim County Manager for Buncombe County to the Board. Mr. Wood offered a proposal to the College regarding Article 46 Sales and Use Tax Revenues.
Prior to Mr. Wood’s presentation, Chair Rice stated that any discussions prior to today between Trustees and Commissioners have been informal. No agreements have been reached by anyone nor could official decisions be made, since neither Board has acted and neither Board has created any committees to address the issue.
Chair Rice further stated that the College Attorney has addressed the legal issues regarding a possible agreement with the Executive Committee, but the Executive Committee did not debate the merits of any agreement or have any discussion about making a recommendation to the Board.
Mr. Wood thanked the Board for the opportunity to present his proposal on how to move forward with Article 46 Sales and Use Tax Revenues. Mr. Wood proposed that the Board of Trustees and the Buncombe County Board of Commissioners enter into a written agreement for an eight-year period, which at a minimum should include the following three stipulations:
- Buncombe County would agree that it will not transfer to its General Fund more than $5 Million in any of those eight years and that whatever would be transferred must be used to defray operating costs for A-B Tech.
- Buncombe County would agree to appropriate funds in each of the next eight fiscal years for Capital Plan Maintenance. The allocation would start with $3.55 Million in 2019, $3.125 Million in the fiscal year 2020, and increase the appropriation by 5.54 percent annually thereafter.
- Buncombe County would agree that should the A-B Tech Board of Trustees and the Buncombe County Board of Commissioners agree to any new building construction, the County would either pay cash, or the debt service for the said building would be paid from Article 46 Sales Tax Fund. At no time would the fund balance in the said fund be allowed to go below $2 Million, so that funds would be readily available for any major unexpected capital maintenance emergency. The County would agree to decrease its Transfer to the General Fund by the amount needed to keep the fund balance at least $2 Million at all times.
Mr. Wood stated that if both Boards agree to a written Memorandum of Understanding (MOU), the MOU would be presented to the state legislature with the request to have it codified in a local bill.
Chair Rice opened the floor for discussion. The Trustees debated operational funding needs, capital funding needs, the omission of funding for the Enka and Woodfin campuses, debt service for College buildings, the original intent of the voters for the Article 46 sales tax, the legality of an MOU between the two Boards, among other things.
After a short break, Mr. Chris Campbell stated that the County has obligated itself to spend money on capital and operating funds for the College. This is not a legally binding document with the Buncombe County Commissioners. Mr. Campbell recommended that if the Board decides to agree to the Wood proposal, the Board make it contingent on having the state delegation enact it into law through the local bill process. Mr. Campbell acknowledged that a local act could be changed or repealed at any time.
Mr. Mike Fryar thanked Mr. Wood and Buncombe County Attorney Mr. Michael Frue for their hard work on the MOU and for making sure that the College has the funds needed to operate for the next eight years.
Chair Rice thanked Mr. Campbell for his work on Article 46 Sales and Use Tax Revenues on behalf of the College. Chair Rice then stated that the Board has the following three options:
- The Board can take no action.
- The Board can act to accept, reject, or modify the MOU.
- The Board can refer the Article 46 Sales and Use Tax Revenue issue to the Executive Committee or create another committee to deal with the tax issue.
A motion was made by Mr. Mike Fryar for the Board to approve the recommendation of the Interim County Manager regarding a Memorandum of Understanding on the expenditure of Article 46 Sales Tax Revenues over the next eight fiscal years. The motion is conditioned upon the agreement of the Board of Commissioners to jointly request that the local delegation have the MOU adopted by the General Assembly in a local act. The motion was seconded by Mr. Bruce Briggs.
The Trustees continued to discuss the pros and cons of accepting the MOU at length.
Mr. Matt Kern stated that he is strongly opposed to the MOU on the grounds that the MOU is still using capital money for operations and does not provide enough capital money for new buildings and programs on campus, as originally discussed.
At 4:05 p.m., Dr. Parham called the question.
Following more discussion, Mr. Fryar and Mr. Briggs agreed to a friendly amendment to the motion. The motion is also subject to the condition that the MOU expressly states that all revenue in excess of expenditures identified in the Interim County Manager’s proposal must flow to the Article 46 fund balance and said fund balance can only be expended by the County on capital expenditures at the College. The amended motion passed 9 to 4.
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 hosted the Annual Christmas Party for over 100 Head Start children in December. The event was very successful.
- The SGA is currently holding a coat drive and has collected over 67 coats to date.
Adjourn
On a motion by Dr. Parham, seconded by Mr. Edgerton, the meeting adjourned at 4:20 p.m. by unanimous consent.
Respectfully submitted,
Carolyn H. Rice
Board Secretary