REGULAR BOARD MEETING

 

MINUTES

 

December 13, 2006

 

 

 

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting at 9:00 a.m. on December 13, 2006 at the Board’s office, 1033 Wade Avenue, Suite 108, Raleigh, North Carolina.

 

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

 

Also Present:  Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia Hayes with the N. C. Funeral Directors Association, Fred Jordan with the NC Eye Bank, Tom West with Poyner, Spruill and Lyn Cochrane.

 

Mr. Briggs called the meeting to order at 9:05 a.m. and welcomed and introduced new Board member, Frank G. McCree, Sr.   Mr. McCree addressed the Board.

 

Mr. Briggs read a Resolution of Service for former Board member Jody C. Tyson.  Mr. White made the motion to accept the resolution and to include it as a part of the minutes and to mail it to Mr. Tyson.  Mr. White seconded and the motion carried.

 

Mr. Briggs read Governor’s Executive Order No. One.  No one recused themselves at this time. 

 

Mr. Briggs opened the meeting for public comment and there was none.

 

Mr. Daniels made a motion to accept the November minutes.  Mr. Lea seconded and the motion carried.

 

Exam Committee:  Mr. Blake yielded the floor to Mr. Harris for information regarding the computer-based testing.  Dalene Paull with International Conference has e-mailed Mr. Harris with the final steps to bringing the testing on-line for January.  Mr. Harris offered the following specifications: exam time is 57 minutes; items presented will be in random order; passing score is 30 items out of 40; scores are presented without decimals and are not rounded up; candidates may make comments during the exam period; candidates may mark items to return to later during the exam period; candidates may review items during the exam period; candidates may skip items.  Discussion ensued.

 

Finance/Personnel Committee:  Mr. Daniels presented the November financials.  Mr. White made the motion to accept the report.  Mr. Lea seconded and the motion carried.  Mr. Daniels made the motion to bring the draft budget to the floor for discussion.  Mr. White seconded and the motion carried.  Discussion ensued.  Mr. Briggs requested Mr. Daniels to bring the budget back for more discussion later in the meeting.

 

Preneed Committee:  Mr. Andrews presented the report and made the motion to accept the report.  Mr. Manson seconded and the motion carried.  Mr. Briggs stated that today was Mr. Andrews’ birthday and the Board members responded to him.

 

Disciplinary:  Mr. Lea yielded the floor to Mr. Dirksen.  Mr. Dirksen presented the Disciplinary Committee’s Report with one addendum.  Mr. Blake made the motion to accept the previously mailed Disciplinary Committee Report.  Mr. Daniels seconded.  The motion carried.  Discussion ensued regarding the Addendum for cases V05-049, M05-013 and M05-027.  Mr. Daniels made the motion to accept the addendum and Mr. Lea seconded.  Mr. Briggs called for the vote and the motion failed.  Discussion ensued.  Mr. Andrews made the motion to accept the Disciplinary Committee recommendation for M05-027.  Mr. Blake seconded and the motion carried.  Additional discussion ensued regarding M05-013 and V05-049.  Mr. White made the motion to reject M05-013 and V05-049 in their present form and direct them back to staff for corrections.  Mr. Daniels seconded and the motion carried.

.

 

Laws, Rules and Legislation:  Mr. White stated that there was an effort to re-write of the Health Care Power of Attorney statute and then yielded the floor to Mr. Harris.  The N. C. Bar Association has drafted some changes that would affect crematory and preneed laws.  Staff is reviewing.  Board proposed legislation changes will be sent to members in a color-coded format.

 

Attorney’s Report:  Mr. Dirksen presented the report.  Mr. Dirksen presented for information only the latest fax the Board had received regarding the SCI/Alderwoods merger.  Discussion ensued.

 

At 10:15 there was a ten-minute recess.

 

At this time Inspector Carolyn Connor entered the meeting and Mr. West departed.

 

Executive Director’s Report: At this time Ms. Connor presented her Inspector Report.  Questions ensued.  Mr. White commended Ms. Connor for her good work and Mr. Briggs thanked Ms. Connor for her report and stated she represented the Board well.  Ms. Connor departed the meeting at 11:40 a.m.

 

Mr. Harris stated the North Carolina Funeral Directors Association and the Funeral Directors and Morticians Association of NC, Inc. had submitted their recommendations to the Governor for appointment/re-appointment.  Mr. Andrews and Mr. Blake had been reappointed to the Board.  Mr. Manson’s term expires June 2007 and June McLaurin Jeffers name had been submitted by the FD & MA of NC, Inc.

 

Mr. Harris submitted the Inspectors Monthly Status Reports for review.  Since November 15, 2006, thirty-two reports have been filed; one new chapel:  Hertford County Undertakers Union-Gates Chapel.   Permit actually sent in January 2006 but physical location not ready until November 2006.  Funeral Service licenses have been issued to Amanda Sanford, Carl Barnekow, Kellie Dellinger, Dennis Sparks, William Fisk, Shawna Sanders, and Margaret Hall; Funeral Director Licenses have been issued to:  Russell Roakes and Kema Boney. Trainees registered are Jerry Sadler, Nadeia Chambers, Michael St. Onge, Darius Horton, Barry Chadwirk and Cornell Whitehead.

 

The 2007 renewals were mailed out on November 29, 2006.  The continuing educations hours were spot checked prior to this mailing.

 

The Mutual Burial Association database will be ready the first of January.  The information will be taken from the 3x5 index cards and entered into the database.

 

Mr. Harris continues to work with the State Dmort teams and several licensees have indicated their willingness to serve on this team.

 

Mr. Harris submitted the House report on tissue recovery and funeral homes.  Discussion ensued.  Mr. Jordan made comments on cornea removal and organ procurement organizations.

 

Mr. Harris has spoken with Jack Nichols of Allen & Pinnix and he is developing an ethics-training program that will be submitted to the Board of Ethics for their approval.  Beth Carpenter with this Board is aware that the Funeral Service Board is interested in this class when it is approved.  The IRS mileage for 2007 has been set at 48.5 cents per mile.  The interest rate for the 2007 recovery funds claims will be set at the January meeting.  2007 Committee assignments should be completed by the January meeting and a sign up sheet is submitted for the Board member’s use.

 

Because of the Rocky Mount tragedy Board staff has received calls regarding transfer of preneed contracts and questions regarding the funds.  Discussion ensued regarding waiving the filing fee for these transfers.  No action was taken.

 

New Business:  Mr. Briggs opened the floor for 2007 Board officer nominations.  Mr. Daniels nominated Mr. White for President.  Mr. Andrews seconded.  There were no other nominations and Mr. Manson made the motion to close the nominations.  Mr. Lea seconded and the motion carried to close the nominations and to name Mr. White president.  Mr. White nominated Mr. Blake for Vice President.  Mr. McCree seconded.  There were no other nominations and Mr. Andrews made the motion to close the nominations.  Mr. Lea seconded and the motion carried to close the nominations and to name Mr. Blake vice president.  Mr. Blake nominated Mr. Andrews for Secretary.  Mr. Daniels seconded.  Mr. White made the motion to close the nominations and name Mr. Andrews Secretary by acclimation.  Mr. McCree seconded and the motion carried.  Mr. White presented Mr. Briggs with an outgoing president gift.  Mr. Briggs thanked the Board Members for their support and stated it was his honor to serve as president for two years and he was thankful to the Board Staff for all their help.  Mr. Briggs thanked Mr. And Mrs. Lea for inviting the staff and board to his home for dinner on Tuesday.

 

Mr. Harris submitted the Calendar for 2007 and for review of the meetings for next year. 

 

Mr. Dirksen stated he had received a signed consent order for the Thursday hearing and the Committee’s recommendation to adopt this order for Case V05-008, V05-016 and V05-020.  Discussion ensued.  Mr. White made the motion to accept the Committee’s recommendation and Mr. Daniels seconded.  The motion carried.

 

New Business:  Mr. Harris submitted letters from Crematory Election Candidates K. Vickie Downing and William E. “Billy” Babb, Jr. for consideration.  Neither party was in attendance.  After review of the letters Mr. Briggs called for the vote.  Mr. Daniels, Mr. Blake, Mr. White, Mr. Andrews, Mr. Manson, and Mr. McCree voted for Ms. Downing.  Mr. Lea voted for Mr. Babb.  Ms. Downing was declared the new Crematory Authority member.

 

Mr. Briggs made comments regarding unfinished business he would have liked to completed in 2006.  This included a preneed bond and/or the tightening of rules and regulations on who is to be issued a preneed license.  He also apologized for not following through with a Board retreat.

 

Informational Items:  Mr. Harris submitted the 2007 Rulemaking Calendar for 2007, the September issue of the Board of Ethics newsletter, and a copy of Session Law 2006-201 House Bill 1843 which is the new State Government Ethics Act.

 

Mr. Harris introduced Mary Shuping with Allen and Pinnix.  Mr. Daniels made the motion to go into closed session to discuss staff performance.  Mr. Blake seconded and the motion carried.

 

Mr. Daniels made the motion to come back into open session.  Mr. Blake seconded and the Board returned to open session.  Mr. Daniels made the motion to accept the 2007 Budget as approved.  Mr. Manson seconded and the motion carried.

 

The meeting adjourned at 11:55 a.m.

 

Mr. Briggs opened the meeting for public comment and there was none.  Mr. Briggs adjourned the meeting at 12:50 p.m.

 

 

                                                                                                                                               

                                                                                    Jack D. Briggs, President

 

 

                                                                                                                                               

                                                                                    Mark Blake, Secretary