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REGULAR MEETING OF THE BOARD OF TRUSTEES
OF WESTERN CAROLINA UNIVERSITY

Room 510, H.F. Robinson Building
SEPTEMBER 6, 1991

 

The Board of Trustees of Western Carolina University met in regular session on Friday, September 6, 1991. Chancellor Coulter called the meeting to order and introduced Mr. D. G. Martin, Secretary of The University of North Carolina, welcoming him to the meeting.

SWEARING-IN CEREMONY

Judge Danny Davis administered the oath of office to newly elected trustees Mollie G. Blankenship, R. Scott Lindsay, Jim L. Moore, and Stephen W. Woody and reappointed trustees Levern H. Allen and Alan D. Allman. Chancellor Coulter gave a short biographical sketch of each of the new trustees and welcomed them to the Board. An orientation session for the new trustees had been held earlier today.

ATTENDANCE

The following members of the Board were present: Mrs. Allen, Mr. Allman, Mrs. Blankenship, Mr. Cagle, Mr. Connet, Mr. Coward, Mr. Forsyth, Mr. Lindsay, Mr. McKee, Mr. Moore, Mr. Pine, Mr. Wilson, and Mr. Woody.

Others present included Chancellor Coulter; Mr. D. G. Martin; Vice Chancellors Carter, Dooley, Stillion, and Wakeley; Dr. Dowell, Mr. Ramsey, and Dr. Ambrose, Assistants to the Chancellor; Mrs. Boydston, Alumni Representative; Dr. Wallace, Faculty Representative; Mr. Kucharski, Legal Counsel; Mr. Reed, Director of Public Information; Mr. Setzer, Director of Athletics; and Mrs. Shuler, Administrative Assistant to the Chancellor.

ORGANIZATIONAL MEETING

Chancellor Coulter opened the floor for nominations for Chairman of the Board. Mr. Allman nominated Mr. Coward, and Mr. Cagle seconded the motion. Mr. Wilson nominated Mr. Forsyth, and Mr. Pine seconded the motion. With no other nominations made, Mr. Allman moved that nominations close and Mr. Moore seconded the motion. Mr. Coward received four votes, Mr. Forsyth nine votes. Mr. Cagle then moved that Mr. Forsyth be supported unanimously, Mr. Allman seconded the motion, and the vote was unanimous.

Mr. Forsyth assumed the chair, thanking the other trustees for their support and stating his intention to work with and for the Board and the University. He then asked for nominations for the office of Vice Chairman.

Mr. Allman nominated Mr. Coward, and Mr. McKee seconded the motion. Mr. Wilson moved that nominations close, Mr. Pine seconded the motion. Mr. Woody then moved that Mr. Coward be elected by acclamation, Mr. Moore seconded the motion, and it carried unanimously.

Mrs. Allen nominated Mr. Allman for Secretary, and Mr. Wilson seconded the motion. Mr. Pine moved that nominations close, Mrs. Allen seconded the motion. Mr. Pine then moved that Mr. Allman be elected by acclamation, Mr. Woody seconded the motion, and it carried unanimously.

Mr. Forsyth declared a short recess; at 11:05 a.m. the Board reconvened in regular session.

APPOINTMENT OF COMMITTEES

Mr. Forsyth announced the appointment of standing committees as follows:

Executive
Mr. Forsyth, Chair
Mr. Coward, Vice Chair
Mr. Pine
Mr. Wilson
Mr. Woody

Student Affairs
Mrs. Allen, Chair
Mrs. Blankenship
Mr. Connet
Mr. Wilson

Academic Affairs
Mr. Coward, Chair
Mr. Lindsay
Mr. McKee
Mr. Connet

Business Affairs
Mr. Woody, Chair
Mr. Allman
Mr. Cagle
Mr. Pine

Personnel
Mr. Pine
Mrs. Allen
Mr. McKee
Mr. Woody

Athletic Affairs
Mr. Cagle, Chair
Mr. Allman
Mr. Moore
Mrs. Blankenship

Property and Buildings
Mr. Wilson, Chair
Mr. Cagle
Mr. Moore
Mr. Lindsay

Paul A. Reid Service Awards
Mr. CowardM
r. Moore
Mrs. Blankenship

Endowment Board of Trustees
Mr. Forsyth, Chair
Mr. Wilson (6-30-92)
Mr. Cagle (6-30-93
Mr. Woody (6-30-94)
Dr. Coulter

Alumni Affairs
Mr. Allman, Chair
Mr. Lindsay
Mr. McKee
Mrs. Allen
Mr. Connet

APPROVAL OF MINUTES

Mr. Allman moved that the minutes of the May meeting be approved as circulated, Mr. Pine seconded the motion, and it carried unanimously.

RECOMMENDATION TO ENDOWMENT FUND BOARD OF TRUSTEES

Chancellor Coulter told the trustees that an unrestricted gift had been received by the University from the estate of Elizabeth DePold and that such gifts, by statute, had to be placed into the Endowment Fund. Upon instructions from the Board of Trustees, however, the Endowment Board of Trustees could transfer such gifts to other uses by the University.

Chancellor Coulter will present the DePold gift to the Endowment Board later today and will ask that the entire gift totaling $252,417 be transferred to the University for support of the Office of University Advancement. He asked that the Board of Trustees instruct the Endowment Board of Trustees to make such a transfer. Mr. Pine moved that the fund be transferred as requested by Chancellor Coulter. The motion was duly seconded and unanimously approved.

APPEAL OF FACULTY MEMBER

Chancellor Coulter informed the Board that an appeal of a personnel matter had been received from a faculty member and recommended that the Board refer the appeal to the Personnel Committee for review and a report at the December meeting of the Board. Without objection, Mr. Forsyth referred the matter to the Personnel Committee.

RECESS FOR COMMITTEE MEETINGS AND LUNCH

Mr. Forsyth declared a recess for meetings of the Personnel Committee, the Property and Buildings Committee, and the Endowment Board of Trustees, said meetings to be followed by lunch at 12:30 p.m.

RESUMPTION OF REGULAR SESSION

The meeting was reconvened at 2:00 p.m. in the Board Room, Mr. Forsyth presiding.

REPORT OF PROPERTY AND BUILDINGS COMMITTEE

1.County Water Authority

Mr. Wilson asked Vice Chancellor Carter to discuss with the Board a proposed resolution on a county water authority. Dr. Carter summarized the past history of the university's involvement in water sales to the public and the recent meetings with local governments about forming a water authority which would buy surplus water from the university and would be the university's only customer. These meetings have been held under the following conditions: (1) the University's needs would take priority; (2) the water authority would pay cost of producing its water; (3) the University would not be a long-term source of water for the authority; (4) the University would have a representative on the Board of Directors of the water authority. Following an extensive discussion, Mr. Moore moved that the following resolution be adopted. Mrs. Blankenship seconded the motion, and it carried unanimously.

    RESOLUTION ON WATER AUTHORITY

    WHEREAS, Western Carolina University furnishes its own treated water through its own water treatment plant built with appropriated funds from the State of North Carolina; and

    WHEREAS, as an element of good engineering practice, the University's water treatment plant is capable of producing a small surplus of treated water in excess of its own daily needs; and

    WHEREAS, there presently does not exist a community or municipal water system to provide treated water to residents in the Cullowhee area; and

    WHEREAS, the University historically has sold some of its surplus treated water to private customers in the Cullowhee area and currently sells treated water to approximately 208 such customers; and

    WHEREAS, at least since 1974 the University has maintained a policy prohibiting the addition of any new customers to the University's water system; and

    WHEREAS, the above referenced policy is in complete accordance with directives from the General Administration of The University of North Carolina and the North Carolina Department of Administration instructing the University not to assume any new customers and to divest itself of private customers as early as conditions will permit; and

    WHEREAS, the University has been trying to divest itself of private customers since 1974, and, while it has had some mild success in decreasing the number of customers, it is now clear that the current circumstances for the remaining customers are such that the likelihood of complete divestiture in the foreseeable future is highly unlikely if not impossible; and

    WHEREAS, local government officials have indicated to the University that they desire to form a water and sewer authority which, in turn, would desire to buy the University's surplus treated water; and

    WHEREAS, local government officials have informed the University that if the water authority were allowed to buy the University's surplus treated water, the water authority would assume all of the private customers currently buying water from the University leaving the water authority as the University's only water customer; and

    WHEREAS, the University desires to extricate itself from the water business without harming its current customers; and

    WHEREAS, the water authority, once formed, appears to offer such an pportunity to the University while, at the same time, promoting the general well-being of the area.

    NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Western Carolina University hereby authorizes the University to sell its surplus treated water to a properly constituted local water authority if, and only if, the following conditions are satisfied:

      1.Sale of such water must not violate any laws, rules, or directives of the State of North Carolina or the General

      Administration of The University of North Carolina.

      2.Contemporaneous with the University's initial sale of treated water to the water authority, the local water authority must assume all of the private customers currently buying water from the University so that the water authority immediately becomes the only customer buying water from the University. The parties must understand and agree that once the University begins selling water to the water authority, the University will not sell water to anyone else.

      3.The amount of water sold by the University during any period of time must not jeopardize the University's ability to supply treated water to itself.

      4.The water authority must pay at least all costs associated with supplying treated water to it so that the University does not subsidize the water authority's purchase of water in any way.

      5.The parties must agree that the University's sale of surplus treated water to the water authority is only intended by the parties to be a temporary measure designed to provide the water authority with a reasonable amount of time to develop a permanent source of treated water; that the water authority will develop a permanent source of treated water within five years of its first purchase of water from the University;and that once the water authority develops its permanent source, the University will end its sales to the water authority so that, in accordance with state government directives, the University will not be selling any treated water to anyone.

      6.The Chancellor of Western Carolina University or his designee must be an ex officio member of the water authority's governing board as long as the water authority is purchasing treated water from the University.

      7.The above listed conditions shall be made part of a contract between the University and the local water authority which formally sets out the terms and conditions of the sale.Water shall not be sold, delivered, or supplied until such ontract is executed by the parties.

    Nothing herein is intended to change any existing water policy otherthan to allow the sale of treated water to a local water authority as described above. All other prohibitions and restrictions in previous university water policies remain in effect. Other than as provided for herein, no new connections to the water system shall be allowed.

    IN WITNESS WHEREOF, said Board of Trustees of Western Carolina University haws caused this resolution to be signed in its name by its Chairman at its meeting on the sixth day of September, 1991.

    THE BOARD OF TRUSTEES OF WESTERN CAROLINA UNIVERSITY

    /s/ William F. Forsyth
    Attest: /s/ Alan D. Allman

2.Renovation of Madison Hall and Appointment of Designer

Dr. Carter told the Trustees of the need to renovate Madison Hall as a facility to be used by older students during the academic year and as a conference center in the summers. The building would be air-conditioned, an elevator installed, and lobbies and public spaces furnished appropriately. There are accumulated reserves in the residence hall system to finance the renovation. The Property and Buildings Committee interviewed several architects.

Following discussion, Mr. Wilson moved that the project be approved and that The Cort Group, of Asheville, be appointed as the designer. Mr. Moore seconded the motion, and it carried unanimously.

Mr. Wilson then asked that discussion of another item be deferred to the Executive Session.

REPORT OF THE ENDOWMENT BOARD OF TRUSTEES

Mr. Forsyth reported that the Endowment Board of Trustees had met an approved transfer of the DePold gift of $252,417 to University trust funds to be used for support of the Office of University Advancement. Mr. Woody moved that the Board ratify the action of the Endowment Board, Mr. Pine seconded the motion, and it carried unanimously.

UPDATE ON OTEEN BUILDING

At the last meeting of the Board, Dr. Carter had given a report on the Oteen Building, indicating that the building must be brought into condition to meet state buildings codes or be vacated. At that time the administration was asked to investigate any options available to the Board in dealing with this situation.

The following actions have been taken: the tenants are in the process of moving from the building; an appraisal has been requested from the State Property Office; Dr. Carter has talked with the Federal agency about the options available and is planning to meet with them to discuss terms on which they would sell the building (this meeting expected to be held within the next six weeks). A report will be brought to the next meeting of the Board of Trustees, and Chancellor Coulter suggested that it might be a good idea for any trustees who are close to take a look at the building in order to be more familiar with the possibilities to be considered.

CHANCELLOR COULTER'S COMMENTS

    1.Budgets

    The University lost 18 positions and $2.1 million in 1990-91 and 29 positions and $2.6 million in 1991-92. Some funding for enrollment growth was received, and this $1.1 million was used to restore where possible the cuts that had been made. Vacant positions have now been released from the freeze, but we have been notified that there is to be a 3-1/2 percent cut in the current year's budget. A reserve of $150 million is to be established against a possible shortfall in this year's budget, and WCU's share is $1.225 million. This amount will be obtained by doing the following: (1) delay filling or freeze vacant positions to create lapsed salary funds; (2) forced savings in utilities; (3) reductions in amounts granted for inflationary increases; (4) forced savings from all other non-salary funds across all division of the university. It is the administration's intent to protect integrity of academic program and preserve the educational mission of the institution.

    2.Moratorium on student fees

    President Spangler imposed a moratorium on increases in student fees because of concerns by members of the General Assembly. There will be no increases in these fees which fund student activities.

    3.Review of Fee Structure

    The Board of Governors has asked the Boards of Trustees to make a formal review of the fee structures at the institutions. Guidelines will be supplied for the study, and the report is due back to the Board of Governors in February, 1992. The Chancellors asked President Spangler to have this study done to present to the General Assembly. Chancellor Coulter recommended that the Chairman of the Board direct that the study be done by the Business Affairs Committee assisted by appropriate administrators. Mr. Coward moved that the Business Affairs committee make this study, Mr. Allman and others seconded the motion, and it carried unanimously.

    4.Fall Enrollment

    Enrollment for the fall is up 2.4 percent overall, with the SAT average score increasing by eight points and freshman enrollment up 2.8 percent. Transfer enrollment is up 19.4 percent, but graduate enrollment is down.

    5.New Scholarship Program

    The new scholarship program for top academic students is off to a very good start, with five scholarships ($2,000 per year for four years) to students in top two percent of their class with average SAT of 1228; ten scholarships ($2,000 per year for two years) to students in top six percent of their class with average SAT of 1090; and 170 scholarships ($1,000 for one year) to students in top ten percent of their class with average SAT of 1050.

    6.Some Quality Indicators

    Another student has received a Fulbright Fellowship, the third in three years; a faculty member is on a Fulbright to Indonesia; Dr. Rick Harrison has been awarded the O. Max Gardner Award, the highest award for faculty in the University System; the pass rate for nursing students was 96 percent, highest in the system; plans are progressing for an MPA/MBA program in the Netherlands; the Clinical Laboratory Sciences program is a "model for the entire country"; Hunter Library was described as a "top quality depository" for governmental documents; the number of grant applications submitted during 1990-91 is up 32 percent and total receipts were over $4 million; the student loan default rate is between three and four percent; Ramsey Center hosted 736 events in which more than 120,000 people were involved; Dr. Carter is Chair-elect of the National Association of College and University Business Officers.

    7.Spangler Donations

    President Spangler has sent two checks to each institution: one for $10,000 from his salary and one for $115,000 from the Spangler Foundation. The check for $10,000 has been placed in an endowed scholarship for minority students, with the first award going to Anita Jackson, a prospective nursing major. Consideration is being given to the best use of the $115,000 donation, possibly in the area of faculty development programs.

    8.OCR Review

    A team from the Office of Civil Rights will be on the campus on September 9 to conduct a compliance review of Title IX activities regarding women and men athletes.

    9.Campus Visitors

    Dr. Barry Russell, new president of Southwestern Community College, visited the campus, and we are continuing to work on cooperation between the two institutions. Also, Dr. Sam Schuman, new Chancellor of UNC-A, has visited here.

    10.Announcements

    The biennial conference for trustees will be held in Wilmington on October 10-11. Dr. Terrel Bell will be the keynote speaker, and all trustees are encouraged to attend.

    The NCCAT dedication is scheduled for September 7, with a luncheon beginning at 11:30 and the ceremony at 1:00. All trustees are invited. Dr. Bruce McPherson has resigned as Director of NCCAT, and a search is underway for his successor.

REPORT FROM MR. CONNET

Mr. Connet was pleased to see the enrollment increase. Work is underway on a Senior Gift Program, and Student Senate elections will be held on September 18. Students are trying to deal with apathy on the campus.

REPORT FROM MRS. BOYDSTON

Mrs. Boydston congratulated the new trustees and the new officers of the Board. The system-wide alumni presidents met at Pembroke on August 24 and are trying to raise $1 million for scholarships for all institutions in the system. She hopes to bring that group to WCU at a later date.

About $14,000 is still owed on the Alumni Tower, and about $3,000 will be needed for the plaques which will be unveiled at Homecoming.

Work is progressing on the Alumni House, with $14,000 in contributions and $20,000 in furnishings already received. The Alumni Association is looking toward Homecoming, now seven weeks away.

EXECUTIVE SESSION   Open Meeting Act

Mr. Coward moved that the Board go into Executive Session to discuss matters in accordance with laws of North Carolina. Mr. Lindsay seconded the motion, and it carried unanimously. Mr. Cagle left the meeting at this time.

(The minutes of the Executive Session are not included here because of their confidential nature; they are, however, a part of the official minutes book.)

RESUMPTION OF REGULAR SESSION

Mr. D. G. Martin told the Trustees about the conference to be held in Wilmington in October, saying that it is a time to meet other trustees, learn how to deal with budgets and mission reviews, raise questions about policy development, and how best to serve as a trustee. He extended thanks from President Spangler and the Board of Governors for the trustees' support of the Chancellor and the institution.

Mr. Forsyth conveyed the Board's deep appreciation for the gifts from President Spangler.

REPORT OF PROPERTY AND BUILDINGS COMMITTEE

Mr. Wilson moved that the administration be authorized to negotiate for the property discussed in Executive Session. Mrs. Allen seconded the motion, and the vote was unanimous.

REPORT OF THE PERSONNEL COMMITTEE

Mr. Pine moved that all personnel actions as discussed in Executive Session --an administrative appointment; faculty, staff, and coaching appointments; a promotion; a change in title; designation of Emeritus status; designation of affiliate and adjunct faculty; and leaves of absence--be approved. Mr. Allman seconded the motion, and it was approved unanimously. (List of all personnel actions on file with minutes material.)

ADJOURNMENT

Chancellor Coulter reminded the trustees of the NCCAT dedication and luncheon on September 7. Then, with no further business to be conducted, Mr. Pine moved that the meeting be adjourned. The motion was seconded and unanimously approved.