REGULAR BOARD MEETING
MINUTES
February 11, 2004
The North Carolina Board of Funeral Service met for a duly
scheduled Board Meeting on February 11, 2004, in the Board’s office located at
2321 Crabtree Boulevard, Raleigh, North Carolina.
Present: Alex Lee,
President;
Also Present: Paul
Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia
Hayes,
President Alex Lee called the meeting to order at 9:00 a.m.
Mr. Lee gave the invocation.
At this time Mr. Lee read the Board of Ethics statement,
Governor Easley’s Executive Order #1. No
one recused themselves at this time.
Mr. Briggs made a motion for continuance of the NCBFS v.
Gilmore case. Mr. Hawks seconded the
motion and the motion carried.
Mr. Lee opened the floor to receive public comment and
there was none.
Mr. Boles stated the minutes for the January 7, 2004 meeting
had been previously mailed and the February 10 retreat were in the Board
Book. Since there were no corrections to
the minutes, Mr. Hawks made the motion to accept the minutes as presented and
Mr. Daniels seconded. The motion
carried.
Discussion ensued regarding the opening of a law practice
by the former Executive Director and the potential conflict of interest
regarding licensees seeking his representation.
A motion was made by Mr. Briggs not to allow representation of any
potential client with pending disciplinary action prior to January 2,
2004. Mr. Daniels seconded and the
motion carried.
Disciplinary: At this time
Mr.Briggs and Mr. Hawks recused themselves and left the room. Mr. Lee presented the Disciplinary Committee
report. Case V03-043 was pulled from
consideration. Ms. Rorie made the motion
to accept the Committee recommendations of the following cases V99-031,
M02-010, V03-061, V03-064, V03-066, V03-071, V04-006, V03-057, V03-063,
M04-001, M04-003, V00-058, V03-019, V03-032.
Mr. Daniels seconded and the motion carried.
Mr. Parrott made the motion to go into closed Session to
consult with an attorney in order to preserve the attorney-client
privilege. Ms. Rorie seconded and the
motion carried.
Upon proper motion, the Board returned to open session.
Preneed: Mr. Harris
submitted the Preneed Report under Tab 7.
Discussion ensued regarding the issuance of new preneed licenses. Mr. Daniels made the motion to accept the
Preneed report. Mr. Parrott seconded and
the motion carried.
Attorney’s Report: Mr. Dirksen
reported that the status of cases pending was provided to the Board for their
review.
Executive Director’s Report: Mr. Harris submitted an updated report on
at-need renewals and non-renewals.
Discussion ensued. Comments on
the cremation forms were submitted for review and will be given the Crematory
Authority.
The Board will close on the Wade Avenue property on
February 18 and move into the new offices on February 20. A mailing will be sent out to licensees
informing them of the new address.
Letters with bids from two accounting firms were presented. Mr. Harris has recommended acceptance and will mail the State Auditor’s office a copy of the proposal from Boyce, Furr & Company, LLP. Boyce, Furr would reconsider their bid if the Board required monthly reporting of separate preneed, at-need and crematory every month. Mr. Harris suggested quarterly.
Mr. Harris submitted information regarding the records
retention policy on certificates of performance with State Archives. When approved these will now be retained in
the office and shredded after three years.
The e-mail newsletter template has been completed and will
be mailed out monthly to licensees that have provided their e-mail address to
the Board.
A proposal was submitted to the Board from Holt, York,
McDarris & High to provide outside counsel when required. Mr. Briggs made a motion to accept the
proposal and Mr. Hawks seconded. The
motion carried.
Mr. Harris will begin to plan and generate a guest list for
the Wade Avenue property dedication and reception in May.
Mr. Harris will be implementing changes in the Inspector’s
travel vouchers regarding time efficiency and locations of firms and number of
preneed contracts.
Mr. Harris mentioned items related to the move that would
affect the budget long-term.
New Business: The funeral establishment renewal, preneed estabishment renewal, individual license and preneed sales license renewal late fees need to be decided upon. Mr. Briggs requested that Mr. Harris look in the Minute Book for the fees charged last year. After discussion it was decided to use the same fees as 2003. Mr. Boles made the motion to charge $250 per license and the late fee and write a letter advising that a penalty of up to $5000 may be charged in 2005 and their license may not renew if they renewal is late again. Mr. Briggs seconded and the motion carried.
The meeting was turned over to
Mr. Nichols updated the Board regarding the Crown Memorial case. They have been issued a letter to cease and desist business or apply for a license from the Board within 20 days of receipt of the letter.
The spring continuing education program will be Tuesday, April 13, at the Village Inn & Golf Resort in Clemmons. This will be for 5 hours of continuing education. The speakers have not yet been finalized.
A motion was made by Mr. Briggs to purchase a retirement gift for former inspector Henry Rowan. Mr. Hawks seconded and the motion carried.
An application for a license to practice outside an establishment had been received. Mr. Harris submitted the application to the Board. Discussion ensued. Ms. Rorie made the motion to deny the application. Mr. Parrott seconded and the motion carried.
Virginia Harris who handles the mutual burial associations had recommended the MBA assessments for 2004 remain the same as 2003. Ms. Rorie made the motion to accept the fees of $100 per mutual burial association and $.35 per member. Mr. Hawks seconded and the motion carried.
The Pittsburgh Institute of
Mortuary Science, Inc. had requested approval of their funeral director and
funeral service programs online. Mike
Landon with Fayetteville Technical Community College had reviewed the
curriculum and had offered class comparison.
Discussion ensued. Mr. Hawks made
the motion to deny the request for the funeral service/embalmer program. Mr. Daniels seconded and the motion
carried. Mr. Hawks made the motion to
accept the funeral director program and Mr. Daniels seconded. Motion carried.
Informational Items: Mr. Harris
submitted several articles for review and informational purposes only.
The Board had received a request for continuance for the
case of NCBFS vs. Booker. Mr. Dirksen
recommended acceptance. Mr. Daniels made
the motion to accept the recommendation and Mr. Hawks seconded. The motion carried.
Mr. Daniels made the motion to go into closed session to
consider the qualifications, competence, character, and fitness of an
employee. Mr. Parrott seconded and the
motion carried.
Upon proper motion, the Board returned to open session.
Mr. Lee again opened the floor to receive public comment
and there was none.
There being no further business, the meeting was adjourned.
Alex
Lee, President
Jamie
Boles, Secretary