REGULAR BOARD MEETING

MINUTES

January 11, 2006

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting on January 11, 2006, at the Board’s office located at 1033 Wade Avenue, Raleigh, North Carolina.

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

Also Present: Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia Hayes, Fred Jordan, Mr. & Mrs. Philip D. Young, Gordon Combs and Lyn Cochrane.

In Mr. Briggs absence, Mr. White called the meeting to order at 9:25 a.m.

Mr. White read Governor Easley’s Executive order #1 and no one recused themselves at this time.

Mr. Manson gave the invocation.

Mr. White opened the floor for public comment. Gordon Combs with McLamb Monument Company in Goldsboro made comments regarding casket and vault sales and comments he had heard from funeral directors regarding these sales.

Mr. White thanked Mr. Combs for his comments.

Mr. Tyson stated the minutes for the December meeting had been previously mailed to the Board and appeared correct. Mr. Tyson made the motion to approve the minutes and the motion carried.

At this time (9:35 a.m.) Mr. Briggs arrived and Mr. White turned the meeting over to him. Mr. Briggs apologized for being late but he was in Raleigh traffic.

CE Committee: Mr. Tyson stated there was no January report.

Disciplinary Committee: Mr. Parrott stated that the disciplinary cases had been previously mailed. Discussion ensued regarding V05-044. Mr. White made the motion to accept the report and Mr. Lea seconded. The motion carried.

Finance and Personnel: Mr. Daniels presented the December financials and noted there was no Personnel Report.

Preneed Report: Mr. Andrews presented the Preneed Report and turned the meeting over to Mr. Harris. Mr. Harris stated the Preneed Committee had met briefly, Tuesday, January 10. The Committee was recommending the interest on the Recovery Fund payments be paid in the amount of 1.5%. Mr. Tyson made the motion to adopt the 1.5% interest to be paid on approved fund claims made after Wednesday, January 11, 2006 until a subsequent policy is adopted. Mr. White seconded. Discussion ensued regarding the percentage rates for the year 2005. Mr. Briggs called for the vote and the motion carried. Mr. White made the motion to accept the Preneed Report and Mr. Parrott seconded. The motion carried.

Examination Report: Mr. Blake stated there was no Examination Report but he did want to update the Board regarding the review of the Pathology Examination. Mr. Harris had received opinions and notes from Dr. Klapper and Mr. Landon regarding their review of the Board’s Pathology exam. After the Examination committee reviews this information, a decision will be made regarding the use of this or the Conference exam. The new ScanTron machine has the capability of reviewing the missed questions and comparing with previous examinations for consistency. Mr. Harris stated after the next examination there would be four examinations to compare. Discussion ensued.

Attorney’s Report: Mr. Dirksen reported that the status of cases pending was provided to the Board for their review. The Board has been notified by Attorney Jack Nichols that the Gilmore Case is set for February 27. Mr. Daniels made the motion that based on consultation with Mr. Nichols, the staff be authorized to implement action on behalf of the Board to enforce Board action regarding the Gilmore Case. Mr. Blake seconded and the motion carried.

Executive Director’s Report: Mr. Harris stated the Inspector’s Reports and the new licenses issued and trainees registered was presented for information. There was one change in corporate ownership structure at Wheeler and Woodlief in Rocky Mount and that was an in-house stock transfer. Four new funeral service licenses and seven funeral director licenses have been issued. Eight new trainees had registered.

The following 2006 renewal figures were presented: 2,028 individual licenses have renewed; 490 establishments have renewed; 65 crematories have renewed; four unaffiliated licensees have renewed; eight chapels have renewed; 67 applications were returned due to not enough money, not enough CE, incomplete applications, incomplete notarizations. 339 preneed establishments and 1,428 sales licensees have renewed. 84 applications were returned due to not enough money, incomplete applications or incomplete notarizations.

The Board’s new “search engine” for the website has been installed. This will allow licensees to do a lookup of their continuing education hours. The software for the online completion of forms has been ordered and received. It should be available midyear or third quarter of this year.

The inspector “air cards” will be tested within the next few months. A new vendor has been contacted and a sample card will be given to one of the examiners for testing.

Friday, January 13 Mr. Harris will participate in a pandemic flu action plan for the State.

The Board’s outside counsel, Charles McDarris, had informed the Board that his firm, Holt, York, McDarris & High has merged with another firm and he will be leaving to go with the firm Bailey & Dixon. Mr. Blake made the motion to continue the relationship with Mr. McDarris and allow him to transfer the Board’s records to Bailey & Dixon. Mr. Daniels seconded and the motion carried.

Mr. Briggs stated with regards to the New Jersey issue with the funeral home removing tissue without being authorized, he had requested Mr. Harris to have a statement ready if needed. Mr. Harris stated he had that statement if it was needed. Mr. Briggs inquired about press releases being issued on Board Final Agency Decisions and Mr. Harris stated they were being mailed to newsprint media.

New Business: At this time Mr. Harris introduced Philip D. Young to the Board and swore him in as the new Crematory Authority member.

A fifteen-minute recess was taken at 10:30.

Mr. Harris introduced Peter Burke, Crematory Authority member and DMORT member. Mr. Burke discussed his work with DMORT in Mississippi with Katrina relief.

Old Business: Dr. Ahmad-Rufai Abdullah with The Islamic Association of Raleigh made comments and answered questions with regards to the Association’s proposal for their Mosque. The Board will make a decision and Mr. Harris will inform Dr. Abdullah. Dr. Abdullah stated he would recommend withdrawal of the proposal to his members.

Mr. Briggs turned the meeting over to Mr. Dirksen for nominations for Board Secretary. Mr. Daniels nominated George Parrott and Mr. Andrews nominated Mark Blake for secretary. Mr. Daniels moved the nominations be closed. Mr. Lea seconded and the nominations were closed. Mr. Briggs asked Mr. Dirksen about use of written ballots and then ruled election would be by written ballot in conformity with NC law. Mr. Dirksen asked that the written ballots state the candidates name and be signed as well as printed by each member voting for ease of reading. Mr. Daniels, Mr. Parrott, Mr. Lea and Mr. Briggs voted for Mr. Parrott. Mr. Andrews, Mr. Tyson, Mr. White, Mr. Blake and Mr. Manson voted for Mr. Blake. Mr. Blake was declared the winner.

Information items: Mr. Harris included an article from the Free Press in Kinston regarding the Spicer case. A Board retreat will be discussed for the future. Committee assignments will be mailed out next week.

Mr. Tyson thanked the Board for their confidence in him as Secretary and for the opportunity to serve in 2005. He was distressed to hear of the “back-channeling” that went on after the last officer election.

The meeting recessed at 12:25 and reconvened at 1:00 for NCBFS vs. Congleton, NCBFS vs. McLendon and NCBFS vs. Strickland. Mr. Lea and Mr. Parrott were not present for the hearing.

Jack D. Briggs, President

Jody C. Tyson, Secretary