REGULAR BOARD MEETING

MINUTES

October 6, 2004

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting on October 6, 2004, in the Board’s office located at 1033 Wade Avenue, Raleigh, North Carolina.

Present: Alex Lee, President; Jack Briggs, Vice President; Jamie Boles, Secretary; George Parrott, Jerry W. Hawks, Jeanette Sherrod, Windell Daniels and Harvey Leavitt.

Also Present: Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Tim Butler, Patricia Hayes, and Lyn Cochrane.

President Alex Lee called the meeting to order at 10:05 a.m.

Mr. Lee read the Board of Ethics statement, Governor Easley’s Executive Order #1. No one recused themselves at this time.

Mr. Leavitt gave the invocation.

Mr. Lee opened the floor to receive public comment and there was none.

Mr. Boles stated the minutes for the September 8, 2004 meeting had been previously mailed. Mr. Leavitt made the motion to accept the minutes as presented and Mr. Boles seconded. The motion carried.

Disciplinary: Mr. Parrott presented the Disciplinary Committee report. After review, questions and discussion ensued. Mr. Hawks made the motion to accept the report as submitted. Mr. Boles seconded and the motion carried.

Preneed: Mr. Leavitt presented the Preneed Report. Discussion ensued. The preneed report was accepted as submitted.

Finance/Personnel: Mr. Daniels presented the finance report for September 2004. Mr. Daniels stated the Employment Agreement was still under review. He will meet with Mr. Lee in November and it will be voted on at the December meeting and implemented January 1, 2005.

Attorney’s Report: Mr. Dirksen reported that the status of cases pending was provided to the Board for their review. The attorney for the King case requested a continuance until the November meeting. Mr. Daniels made the motion to accept the motion to continue and Mr. Hawks seconded. The motion carried.

Executive Director’s Report: Mr. Harris reviewed the technical changes of 21 NCAC 34B and objections of the Rules Review Committee. Mr. Parrott made the motion to accept the changes of 21 NCAC 34B .0102, .0104, .0407, .0408, .0409, .0410, .0411, .0412, .0413, .0414, .0415, .0608, .0610, and 21 NCAC 34D .0301, .0303, .0402, and .0403. Ms. Sherrod seconded and the motion carried. Mr. Hawks made the motion to delay implementation of the rules for continuing education until July 1, 2005 to give the staff and course sponsors time to prepare for the changes. Mr. Daniels seconded. Discussion ensued. Mr. Lee called for the vote and the motion carried.

Mr. Barry Bloch, former Board attorney now working for the Attorney General’s office, has been assigned the Board’s property tax question and he is researching.

Mr. Harris had written a letter to Mrs. Dalene Paull with The International Conference of Funeral Service Examining Boards regarding the development of the pathology examination and John Chew’s involvement. Ms. Paull had requested a copy of the examination for review by their Board. This copy will be mailed to The Conference exam committee chair.

Mr. Harris reported that the Staff Retreat was held Friday, September 24. Many positive idea came out of the retreat and will be implemented during the license renewal period for 2005.

Mr. Harris has spoken to the new Administrator for the Cemetery Commission regarding their Recovery Fund and why the funds were taken by the State of North Carolina. Further research into the appropriations by the Governor of the Alarm Systems reserve funds and the Cemetery Commission Reserve funds found they were State agencies under Commerce.

The North Carolina Funeral Directors Association voted on and submitted the names of Larry Andrews and Mark Blake for two-year terms on the North Carolina Board of Funeral Service and Jack Briggs and Rudy Lea for three-year terms on the North Carolina Board of Funeral Service to the Governor’s Office of Boards and Commissions as required by HB 859.

Mr. Harris stated he had not yet received a formal response from Virginia regarding the continuing education reciprocation.

Mr. Harris stated the November Board meeting dates had been changed to November 9 and 10. The speakers for the December 14 CE clinic are Karen Giles, Director of The Charles C. Carson Center for Mortuary Affairs at Dover Air Force Base; Rebecca Baker, Field Services Manager of Vital Records for the Division of Public Health; and representatives of Carolina Donor Services. The new Board members will be sworn in effective January 1, 2005, at the December 15 meeting if the Board has the appointments. The Speaker’s Office and Office of the President Pro Tem and Governor’s Boards and Commissions office are all aware of the need for getting the appointments made. Mr. Harris will attend STROHL business continuity training at the McKimmon Center on October 18 and 19.

Old Business: None

New Business: At this time Mr. Lee and Mr. Parrott recused themselves from the table and Mr. Briggs presided. Mr. Dirksen stated the Board had received the signed Consent Order and the fee at 5:45 p.m. instead of the stipulated 5:00 p.m. on October 6 for NCBFS vs. Gilmore and the check was not made payable as directed under the terms of the consent order. Mr. Dirksen recommended the Board waive any technical aspects of this and accept it as presented. Mr. Leavitt made the motion to accept the recommendation of Mr. Dirksen and Mr. Daniels seconded. The motion carried. Mr. Lee and Mr. Parrott did not vote.

Mr. Briggs yielded the chair to Mr. Lee.

Mr. Harris presented the informational items.

Mr. Lee opened the floor to receive public comment. Tim Butler, 1^st Vice President of the Funeral Directors and Morticians Association of N. C., Inc. introduced himself and made comments regarding the business of the Board.

The Board adjourned at 11:20 a.m.

P. Alex Lee, President

James L. Boles, Jr., Secretary