REGULAR BOARD MEETING

 

MINUTES

 

February 9, 2005

 

 

 

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting on February 9, 2005, at the Board’s office located at 1033 Wade Avenue, Raleigh, North Carolina.

 

Present:  Jack Briggs, President; Rudy Lea, Vice President; Jody Tyson, Secretary; Larry Andrews, Mark Blake, Windell Daniels, William Manson, and George Parrott.

 

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

 

President Jack Briggs called the meeting to order at 9:00.  Mr. Briggs read the Board of Ethics statement, Governor Easley’s Executive Order #1 and no one recused themselves at this time.

 

Mr. Briggs gave the invocation.

 

Mr. Briggs asked Mr. Tyson for the Minutes from the January 12, 2005 meeting.  Mr. Tyson stated the minutes had been previously mailed.  Mr. Harris stated there had been one change since the mailing since officers had not been elected at the beginning of that meeting, the names had been placed alphabetically in the minutes.  Mr. Parrott made the motion to accept the minutes and Mr. Daniels seconded.  The motion carried. 

 

At this time the floor was opened to public comment.  Mr. Shackleford questioned how the Board would respond to questions or statements he or any visitor would have in this and any future meeting during the public comment period.  The Board responded that the minutes would reflect the person’s comments.  If a response is required, the Executive Director or staff will respond.

 

CE Committee:  Mr. Tyson stated the CE Committee had met Tuesday, February 8, at 4:00 p.m.  In addition to Mr. Tyson, in attendance was Executive Director Paul Harris, Mark Blake and, at Mr. Tyson’s invitation, Nelson Hayes with Pierce Chemical Company.  The continuing education classes will now be sent to and approved by the CE Committee.

 

Disciplinary Committee:  Mr. Parrott stated the disciplinary cases had been previously mailed but there was one addendum.  After review, discussion ensued.  Mr. Tyson made the motion to accept the Disciplinary Report.  Mr. Daniels seconded and the motion carried.  Mr. Parrott commended Mr. Dirksen for his handling of the many complaints the Board’s office received.

 

Finance Committee:  Mr. Daniels presented the January financials.  Mr. Harris discussed the mortgage and payments being made towards the debt retirement.  Discussion ensued.  Mr. Daniels made the motion to accept the Finance Report and Mr. Lea seconded.  Motion carried.

 

Mr. Daniels stated the Personnel Committee would meet at a later date to discuss the goals and objectives to be presented to the Executive Director for the year 2005.

 

Preneed Report:  Mr. Andrews presented the Preneed Report.  He commended the three inspectors for their diligence in the number of firms they had examined during the 2004-year.

 

Traineeship:  Mr. Lea stated there was no report at this time.

 

Attorney’s Report:  Mr. Dirksen reported that the status of cases pending was provided to the Board for their review.  There will be a hearing at the March Board meeting.  The U. S. Supreme Court is considering hearing a case covering the same issues at the Crown Memorial case.  The Board will be kept apprised of the situation.

 

Executive Director’s Report:  Mr. Harris commended the Board staff for their handling of the renewal process.  One change that will be implemented in future renewals is the billing of any late fees will be included with any applicable renewal application.

 

Mr. Harris presented the following 2005 renewal figures:  719 of 737 establishments have renewed.  20 applications were for various reasons and all but 19 have been resolved.  2,467 active individual licenses and 130 inactive licenses have been renewed.  48 active and 59 inactive have not renewed.  77 individual applications were returned as a part of a group of renewals applications because one or more did not meet renewal applications.  All have been returned and renewed.  31 applications were returned due to lack of proper CE hours.  All but 6 have been renewed.  50 applications were returned due to an incorrect amount or no fee.  All but 14 have been renewed.  Most of these 50 were inactive licensees.  9 individual applications were returned for other reasons and all have been returned to this office and renewed.  75 applications were returned due to incorrect mailing addresses.  15 could not be remailed due to lack of forwarding address.  44 have been returned and renewed.  14 have not been returned to the Board.  11 of 12 chapels have been renewed; 67 of 68 crematories have been renewed; 30 of 41 transport/removal have been renewed; 8 of 11 unaffiliated have been renewed; 657 of 685 preneed establishments have been renewed and 2062 sales licenses have been received.

 

 

The inspector computer database programming upgrades is on schedule.  The Business Impact Analysis that is due March 1st is 60% completed.  For the year 2004 there were 518 preneed audits, 624 inspection visits, 50 crematories and 7 chapels inspected.   The remaining 40 were made up of at-need only and re-inspections. 

 

The Mutual Burial Association assessment normally set in February will be set in March as suggested by Virginia Harris after the MBA reports are received and reviewed.  Six MBA’s have filed for extensions.  The Board’s office has received extensive telephone calls regarding the dissolution of the Bowman Capps MBA.  The database for the burial associations is currently under consideration by Vincent Miranda. 

 

An article from the Tarboro Daily Southerner was presented for discussion.  Mr. Lea made the motion for the Executive Director to write a letter to respond to the article.  Mr. Daniels seconded and the motion carried.

 

Mr. Harris stated that a request had been made to submit any establishment changes at Board meetings.  Allen & Associates in Greensboro had closed and one of the owners had opened Unity Memorial Funeral Service.  Bowman Funeral Home in Marshall had closed.  Nelson Funeral Home in Danbury had closed.  Mr. Nelson and Howell Funeral Home in Pilot Mountain changed the name to Howell-Nelson Funeral Home.  Letters are required to be written to preneed consumers when changes in status are made.  Phillips Brothers Mortuary in Greenville has changed their name to Phillips Brothers-Anderson Mortuary.  Wrenn Funeral Home in Roanoke Rapids has changed their name to Wrenn, Clarke & Hagen Funeral Home.  Horner-Walker Funeral Service in Plymouth and Walker Funeral Home in Columbia were purchased and had re-opened as Smith & Austin Funeral Homes.  A. E. Grier Funeral Ceremony of Choice in Charlotte is a new establishment.  Several applications for new establishments were pending.

 

 

Mr. Harris will speak at the continuing education programs in Gibsonville on February 15, Black Mountain on February 22, New Bern on March 2, and at the Crematory Association meeting on March 16.  He has been invited address the law classes at Fayetteville Technical Community College at a date to be determined.

 

There is a Crematory Authority meeting scheduled for Wednesday, February 16.  

 

Mr. Parrott made the motion to change the Board’s March meeting from March 8 and 9 to March 14 and 15.  Mr. Tyson seconded.  Discussion ensued.  Mr. Briggs called for the vote and the motion carried.  Mr. Tyson made the motion to give the Disciplinary Committee authority to make a continuance on behalf of the Board if it becomes necessary.  Mr. Daniels seconded and the motion carried.

 

Mr. Harris will implement a new monthly report for the inspectors to summarize their travel and business.  Discussion ensued.

 

Mr. Tyson had questions regarding the International Conference of Funeral Service Board convention in Arkansas.  Mr. Harris will forward the dates and information to the members when he has received it.

 

New Business:  A request had been received from an applicant for the waiver of the thirty-day period in order for this applicant to take the February 15th examination.  Their application and fee was postmarked January 18th and received days after that date so this application had been denied because of the Board’s thirty-day policy.  Mr. Tyson made the motion to deny the appeal.  Mr. Lea seconded and the motion carried.  Mr. Harris will notify the applicant and inform them of the decision.

 

A request had been received regarding reciprocity of an individual.  The individual was a funeral service licensee in Canada and moved the Texas then moved to Tennessee and was now a funeral home owner in North Carolina.  The individual currently was licensed for funeral directing only and was requesting an embalmer’s license.  Discussion ensued.  Mr. Daniels made the motion that after proper apprenticeship and passing of the test, the license be issued.  Mr. Lea seconded and the motion carried.

 

Old Business:  There was none.

 

Mr. Tyson discussed the implementation and restructuring of the monthly inspector’s report.  He would like for the inspectors to attend at least one funeral service per month in their territory to check for discrepancies and violations pertaining directly to funeral service law.  Discussion ensued.  Mr. Harris stated that it was not an imposition to request the inspectors to attempt this on a monthly basis.  However, there are circumstances that could prevent accomplishing this on a monthly basis.  President Briggs directed Mr. Harris to address this with the inspectors.  Mr. Harris will inform the inspectors of this new practice and this will be included on the new monthly inspector report.

 

Information items were presented for review.

 

Mr. Briggs opened the floor for public comment.

 

Mr. Shackleford made comments regarding enforcement of funeral law and Board policy.  He stated that all laws contained in the general statutes, relating to funeral service, should be enforced and obeyed and that no new laws or rules should be adopted if the Board was not going to “use what we have.”

 

The meeting adjourned at 10:40 a.m.

 

 

                                                                                                                                               

                                                                                    Jack D. Briggs, President

 

 

                                                                                                                                               

                                                                                    Jody C. Tyson, Secretary