REGULAR BOARD MEETING
MINUTES
November 9, 2005
The
North Carolina Board of Funeral Service met for a duly scheduled Board Meeting
on November 9, 2005 at the Board’s office located at 1033 Wade Avenue, Raleigh,
North Carolina.
Present:
President
Mr.
Briggs read Governor Easley’s Executive order #1 and no one recused themselves
at this time.
Mr.
Briggs opened the floor for public comments and there were none.
Mr.
Briggs then deviated from the agenda to recognize Susan Cox, Board Inspector,
for comments pursuant to the Board’s earlier request to invite each inspector
to meet with the Board. Ms. Cox thanked
the Board for invitation to meet and speak with them. Ms. Cox reported on preneed and atneed
matters that she found as an inspector in the field. Discussion ensued regarding preneed, atneed
and crematory matters. Mr. Briggs
thanked Ms. Cox for attending and at that time she departed the meeting.
Mr.
Tyson stated the minutes for the September meeting had been previously mailed
to the Board. Mr. Tyson made the motion
to approve the minutes and Mr.
Daniels seconded. The motion carried.
CE
Committee: Mr. Tyson stated the CE Committee had met and
authorized several continuing education programs that had been referred to
them.
Clinics: Mr. Manson stated there was no report and
deferred the meeting to Mr. Harris. Mr.
Harris presented the outline for the December clinic to be given by Reverend
Disciplinary
Committee: Mr. Parrott stated that the disciplinary
cases had been previously mailed but there was an addendum on the last
page. Discussion ensued regarding
M05-020 regarding the number of unfiled preneed contracts. Mr. Blake made the motion to accept the
Disciplinary Report with the exception of M05-020. At this time Mr. Lea recused himself from
Case M05-023 and removed himself from the room prior to the vote. Mr. Daniels seconded. Discussion ensued regarding M05-023 regarding
the goods and services statements. Mr.
Briggs called for the vote and the motion carried. Mr. Lea then returned to the meeting. Mr. White made the motion with regards to
M05-020 to impose the maximum monetary fine allowed in addition to the
stipulations set forth by the Disciplinary Committee. Mr. Blake seconded. Discussion ensued. Mr. Briggs called for the vote. Mr. Andrews, Mr. White, Mr. Tyson, Mr. Lea,
Mr. Manson, Mr. Blake, Mr. Daniels voted for and Mr. Parrott voted no. The motion carried.
Finance: Mr. Daniels presented the October
financials. Mr. Daniels stated the 2006
Budget would be presented at the December meeting. Mr. Daniels deferred the meeting to Mr.
Harris who informed the Board that $50,000 had been transferred to the State
Treasurer account and $50,000 would be transferred to the Wachovia
account. Mr. Harris had met with RBC
Centura representatives regarding moving the operating account, which would
allow the mortgage to become a fixed rate account. Mr. Daniels stated there was a personnel
issue but it would be taken up later in the meeting in closed session. Mr. Parrott made the motion to accept the
financial report and Mr. Manson seconded.
The motion carried.
Preneed
Report: Mr. Andrews presented the Preneed Report.
Examination
Report: Mr. Blake stated the Scantron machine was
operation and the staff had been trained.
The Pathology Test keys had been checked and verified. The October 10 exam had the following
results: 23 had taken the Laws and Rules
and four had failed; 17 had taken the Conference Exam and ten had failed; 20
had taken the Pathology exam and thirteen had failed. The Exam Committee had met with Michael
Landon after the October meeting to discuss the pathology exam. The review panel for pathology will include
Mike Landon and David Klapper, professor of Immunology and Microbiology at UNC
Chapel Hill. The Exam Committee will
meet before the next Board meeting.
Attorney’s
Report: Mr. Dirksen reported that the status of cases
pending was provided to the Board for their review. The afternoon hearing had been
cancelled. With regards to the Thursday
Hearing M05-011, the opposing counsel had made a motion for continuance. Mr. Manson made the motion to grant a
continuance and Mr. Lea seconded.
Discussion ensued. Mr. Briggs
called for the vote. Mr. Andrews, Mr.
Parrott, Mr. White, Mr. Tyson, Mr. Lea, Mr. Manson and Mr. Daniels voted for
and Mr. Blake voted no. The motion
carried.
At
this time (10:30 a.m.) the Board recessed.
The
Board reconvened at 10:45.
Executive Director’s Report: Mr. Harris stated the Inspector’s Reports and
the new licenses issued and trainees registered were inserts in the Board
book. There had been 330 inspections
with reports filed as of November 9, 2005.
Fourteen inspections had been completed since the October 12, 2005,
meeting. One funeral home had an
ownership change and one funeral home had opened in a former funeral home
facility. One establishment had been
cited for various reasons—pricing issues, incorrect merchandise pricing,
incorrect general and casket price lists.
Inserted was a text filed for 21 NCAC 34C .0101 regarding the Crematory
election. The public notice was to
coincide with the December 14, 2005, Board meeting. Mr. Blake had reported on the Scantron
machine, which should speed up the grading of exams. Notice has been sent to the International
Conference of State Examining Boards on the transition to computer based
testing. Staff was working on the final
details and a letter was being mailed to all applicants with questions and
answers they may have regarding the testing.
The
Crematory Authority will meet at 10:00 on November 17th. The 2006 renewal process will begin in two
weeks. Statutes prohibit business
entities with a charger under revenue suspension from continuing to do
business. Mr. Harris would like
questions inserted in the establishment renewals for the atneed, preneed and
crematories that asks the specific question regarding the status of
charter. Mr. Parrott made the motion to
add the wording to these renewal applications.
Mr. Daniels seconded and the motion carried.
At
this time
Upon
proper motion by Mr. Parrott and seconded by Mr. Lea, the Board returned to
open session. At this time Mr. Nichols
left.
Upon
proper motion by Mr. Parrott and seconded by Mr. Manson, the Board went into
closed session to discuss personnel issues.
Upon
proper motion by Mr. Manson and seconded by Mr. Daniels, the board returned to
open session.
Once
in open session a motion was made by Mr. White to refer to the Laws and Rules
Committee the issues regarding personnel salary information for policy
drafting. Mr. Lea seconded the motion and
the motion carried.
At
this time Mr. Harris continued his report.
Reservations at Sullivan’s for the 8:00 p.m. seating are confirmed for
December 13 for the Board’s Christmas dinner.
Mr. Tyson made a motion to approve expenditures to cover the cost of the
dinner for the Board members. Mr. Blake
seconded and the motion carried. Mr.
Parrott invited the Board members and their guest and the staff and their guest
to his place of business, Churchill’s, at 7:00 that evening. Mr. Lea will provide transportation from the
Brownstone to Mr. Parrott’s and then to Sullivan’s.
New Business: There was none.
Old Business: There was none.
Information
items: Mr. Harris stated the Board of Ethics
newsletter was inserted regarding Annual Gifts and “Freebies” for the boards
review.
Mr.
Briggs opened the floor for public comment.
Mr. Blake stated he had been approached as a witness in a civil case as
an expert witness. He had contacted Mr.
Harris who had contacted the Board of Ethics.
The Board of Ethics had offered their opinion that it was a conflict of
interest and Mr. Blake had declined the request.
The
meeting adjourned at 11:55 a.m.
Jack
D. Briggs, President
Jody
C. Tyson, Secretary