REGULAR BOARD MEETING

 

MINUTES

 

August 10, 2005

 

 

 

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting on August 10, 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; Mark Blake, William Manson, and George Parrott.

 

Also Present:  Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Fred Jordan, Patricia Hayes, Mercy Lowe and Jim Barron with SCI and Lyn Cochrane.

 

President Jack Briggs called the meeting to order at 9:05 a.m. 

 

Mr. Briggs gave the invocation.

 

Mr. Briggs read Governor Easley’s Executive Order #1.  Mr. Tyson recused himself from the hearing due to the appearance of conflict.  Mr. Briggs stated that without him there was no quorum.  Mr. Parrott made the motion to postpone the 1:00 hearings and Mr. Lea seconded.  The motion carried.

 

At this time the floor was opened to public comment.  Ms. Mercy Lowe and Mr. Jim Barron introduced themselves and offered comments regarding SCI in North Carolina.

 

Mr. Tyson stated the minutes for the meetings had been previously mailed to the members and there was one correction to the June 30th minutes.  The meeting time of 9:03 should have a.m. added.  Mr. Blake made the motion to approve the minutes as amended.  Mr. Manson seconded and the motion carried.

 

CE Committee:  Mr. Tyson stated the CE committee had not met since June 22nd.   Correspondence had been received from Larry Stegall, Executive Director of the North Carolina Funeral Directors Association, and Debbie Dodge, Dodge Institute, regarding the new guidelines for submitting continuing education classes.  Mr. Harris will respond to these letters.

 

Clinics:  Mr. Manson stated that Thomas Lynch had accepted an engagement elsewhere so he would not be able to speak at the December 10 Board seminar.  Discussion ensued.

Mr. Manson made the motion to invite Todd Van Beck as the keynote speaker in December and Mr. Lea seconded.  Discussion ensued.  Mr. Briggs called for the vote.  Mr. Manson and Mr. Lea voted yes.  Mr. Tyson, Mr. Parrott and Mr. Blake voted no.  Motion failed.  Mr. Blake made the motion to invite Mr. Van Beck and Doug Manning.  Mr. Parrott seconded.  Mr. Briggs stated he was against inviting both as speakers.  Discussion ensued.  Mr. Parrott withdrew his second to the motion to invite both speakers and Mr. Blake withdrew his motion.  Mr. Blake made the motion to invite Doug Manning as the keynote speaker at the December 10th seminar and Mr. Parrott seconded.  The motion carried.

 

Disciplinary Committee:  Mr. Parrott stated the disciplinary cases had been previously mailed.  Mr. Dirksen stated there was one addendum on Page 4.  Discussion ensued regarding V05-023.  Mr. Lea made the motion to approve the report and Mr. Blake seconded.  Discussion ensued.  Mr. Briggs called for the vote.  Mr. Lea, Mr. Blake, Mr. Manson and Mr. Parrott voted yes and Mr. Tyson voted no and the motion carried.

 

Finance Committee:  Mr. Harris presented the June financials in Mr. Daniel’s absence.  Discussion ensued.  Mr. Harris presented the 2004 audit letter financial statement from Boyce, Furr & Company.  The auditor was recommending that Form 1099 – INT be sent to anyone received interest paid on recovery fund payouts.  Discussion ensued.  Mr. Harris stated the expenses were down 3% and revenues were up 15% for the year.

 

Preneed Report:  Since Mr. Andrews was absent, Mr. Harris presented the Preneed Report.

 

Attorney’s Report:  Mr. Dirksen reported that the status of cases pending was provided to the Board for their review.   Mr. Dirksen stated the NC Supreme Court regarding penalty and late fees had been decided.  Late fees did not have to be paid to the Office of State Budget for payment to the county school system as do compromise penalty fees.

 

Mr. Dirksen discussed a Pennsylvania case concerning prohibition of unlicensed personnel from handing out price lists to consumers as a restraint under the First Amendment.  The effects of the case were discussed with regards to preneed licensing.

 

At this point Mr. Briggs called a ten-minute recess.

 

Executive Director’s Report:  Mr. Harris stated there had been 266 inspections with reports filed as of August 9, 2005.  Fifty-five inspections had been completed since the June 30th meeting.  One new establishment had opened; three establishments had closed; one converted to a chapel; one ownership change; and one new location.  One crematory had been inspected with no violations cited.  Twelve establishments had been cited for various reasons—FTC/pricing issues, improper ID, goods and services sheets not signed, prep rooms with unsanitary conditions.  Mr. Blake stated he was pleased to see this report in addition to the preneed report.

 

There were nineteen attendees at the July preneed review.

 

The quarterly report to the Department of Commerce was submitted for the period ending June 30.

 

Forty-five applicants had sat for the July exam:  Thirty-two for Conference with twelve failing; thirty-three for Laws and Rules with ten failing; twenty-nine for pathology with seventeen failing.  Several of the forty-five were retakes.  Discussion ensued.  Mr. Harris will review the results of the Laws and Rules exam over the next several times to see if the incorrect answers were consistent.  Mr. Briggs referred to the Exam Committee to review the pathology exam.

 

The online inspector access was now live synced with databases.  On August 19 the inspectors will be in the office for training on the system.

 

Copies of the annual reports required by NCGS 93B to the Secretary of State and Attorney General were submitted for review only and will be mailed after the Board meeting.  A copy of the audit will accompany these.

 

The new preneed verification/confirmation forms are now being used.

 

The continuing education tracking computer program is in development but no date has been set for completion.  2006 will be the probable impletion date.

 

There is a condo association owner’s meeting on August 23rd.

 

HB967 has still not been scheduled for Committee.

 

Mr. Harris stated he had been in touch with Mike Landon with Fayetteville Technical Community College with regards to the Board meeting at the College and Mr. Landon was holding the dates of October 12th and November 9th for consideration.  Discussion ensued.  Mr. Harris will call Mr. Landon and tell to expect the Board to meet on October 12th.  If there are hearings in October, they will be schedule for October 13th in the Board’s office.  September hearings will be September 13th and the Board meeting will be held September 14th.  Mr. Harris and Mr. Briggs will discuss the location of the Board December Christmas Dinner.

 

Mr. Harris would like to develop a more consumer friendly website and will research this to present at a later date.

 

Mr. Harris would like the Board to consider what action could be taken for late establishment renewals and late preneed annual reports so the consequences of these late renewals can be made known to the funeral home.  Discussion ensued.

 

New Business:  Mr. Harris updated the Board on the computer based testing for the Conference exam.  The Board would still administer the Laws and Rules and Pathology.  The Exam Committee will develop this further for 2006.

 

Mr. Tyson stated he would like Mr. Harris to address the matter in V05-023 in the next newsletter.

 

Old Business:  Since there was no other applicant for the Crematory Authority nominations, Mr. Tyson made the motion to declare Philip Douglas Young elected to the Crematory Authority for a three-year term.  Mr. Lea seconded and the motion carried.

 

At this time Angela Carter, an associate of Allen & Pinnix, entered the Boardroom.

 

Information items were presented for review.

 

Mr. Briggs opened the floor for public comment.  There was none.

 

Mr. Blake made the motion to go into executive session to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board regarding potential litigation.  Mr. Tyson seconded and the motion carried.

 

Mr. Blake made the motion to return to open session and Mr. Manson seconded.

 

Mr. Tyson made the motion to investigate the matter discussed in closed session regarding possible litigation.  Mr. Lea seconded and the motion carried.

 

Mr. Parrott made the motion that the cases scheduled for Thursday, August 11 be continued.  Mr. Blake seconded and the motion carried.

 

The meeting adjourned at 11:35 a.m.

 

 

                                                                                                                                               

                                                                                    Jack D. Briggs, President

 

 

                                                                                                                                               

                                                                                    Jody C. Tyson, Secretary