081320 Randolph Health
Closed Session – Randolph Health — August 13, 2020
At 6:02 p.m., the Board convened in closed session pursuant to North Carolina General Statutes
Section 143-318.11 for the purpose of discussing competitive healthcare activities by or on behalf
of Randolph Health, which discussion is privileged and confidential pursuant to North Carolina
General Statutes Section 131E-97.3, as is permitted by North Carolina General Statutes Section
143-318.11(a)(1). Chairman Darrell Frye, Vice-Chairman David Allen, Commissioner Kenny
Kidd, Commissioner Maxton McDowell, and Commissioner Hope Haywood were present. Also
present were County Manager Hal Johnson, Finance Officer Will Massie, County Attorney Ben
Morgan, Associate County Attorney Aimee Scotton, and Clerk to the Board Dana Crisco. Also
present were Asheboro Mayor David Smith, Asheboro City Council Members Charles Swiers,
Clark Bell, Walker Moffitt, Eddie Burks, Katie Snuggs, and Jane Redding. Also present with the
City of Asheboro were City Manager John Ogburn, Attorney Jeff Sugg, and Clerk to the Board
Holly Doerr. City Council member Linda Carter was absent. Attorney Christy Myatt of Nexsen
Pruet, Attorney for Randolph County and the City of Asheboro, was also in attendance. Those
present representing the hospital were CEO Angie Orth, Senior Director of Public Relations and
Development April Thornton, Attorney Bob Wilson, Board Chairman Mac Pugh and Ankura
Senior Managing Partner Louis Robichaux. Required social distancing was maintained throughout
the meeting due to the COVID-19 pandemic.
Ms. Orth introduced Mr. Bappa Mukherji, Chief Executive Officer of JAVA Medical Group.
He gave details of the company, other organizations managed by the company, and a business plan
to help keep a hospital in Randolph County. This company would use any money from the Rural
Health Care Stabilization program to fund building renovations and infrastructure needed to update
the facilities to current standards. A new application to be vetted by UNC Hospitals would be
necessary if this company decided to go through with a purchase.
After completion of the presentation by Mr. Mukherji, County Commissioner Chairman Darrell
Frye asked for all Randolph Hospital staff and their legal representatives to leave the closed session
in order for the two elected bodies to talk with the potential management successor. After
complying with Chairman Frye’s request, Consultant Louis Robichaux, representing the Hospital,
returned to the closed meeting and stated to all in attendance that he objected to the possible
management successor being talked to in the absence of legal staff representing the Hospital in its
bankruptcy process. Mr. Robichaux said the Hospital was the debtor and this was not appropriate
for discussions to be held without their presence. Chairman Frye said that it was entirely
appropriate for the elected bodies of the Randolph County Board of Commissioners and the
Asheboro City Council to talk with a possible successor, particularly when the proposed plan for
continued operation of Randolph Hospital depended upon the County Commissioners to approved
a $20,000,000 installment financing agreement for the potential benefit of a future hospital
operator. Chairman Frye told Mr. Robichaux that the elected boards wanted to indicate their
support to the potential buyer and to show unity of purpose. Mr. Robichaux left the closed session.
At 7:38 p.m., on motion of Allen, seconded by McDowell, the Board voted unanimously to end
closed session and return to open session.
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Darrell L. Frye, Chairman David Allen
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Kenny Kidd Maxton McDowell
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Hope Haywood Dana Crisco, Clerk to the Board
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