REGULAR BOARD MEETING

 

MINUTES

 

June 26, 2007

 

 

 

 

 

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting at 9:00 a.m. on June 26, 2007 at the Board’s office, 1033 Wade Avenue, Suite 108, Raleigh, North Carolina.

 

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

 

Also Present:  Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia Hayes with the N. C. Funeral Directors Association and Lyn Cochrane.

 

Mr. White called the meeting to order at 9:03 a.m. and read the Ethics Awareness & Conflict of Interest Reminder.  No one recused themselves at this time. 

 

Mr. White had the invocation. 

 

Mr. White opened the meeting for public comment and there was none.  Mr. White informed the Board he had received an anonymous letter critiquing the Board President and Executive Director.  Since there was no signature, he had disregarded the letter and decided that since the person writing it did not sign it, it had no value.

 

Mr. Andrews presented the April minutes to the Board as previously mailed.  Mr. Andrews stated he had found one correction on Page 3, Paragraph 2.  Mr. Harris’ name had been omitted.  Mr. Parrott stated that on Page 1, Paragraph 10, Mr. Lea’s name was spelled incorrectly.  Mr. Parrott made the motion to accept the minutes with the corrections and Mr. Manson seconded and the motion carried.  Mr. Daniels made the motion to accept the secondary minutes and Mr. McCree seconded.  The motion carried.

 

 

Exam Committee:  Mr. Blake informed the Board that there were no Exam results for June because the Exam was being given today.  The Conference has informed staff that the computer based Pathology examination will be ready for testing by July 1.  Discussion ensued regarding Laws and Rules being set up for computer-based testing.  Mr. Blake submitted this for information only.

 

Finance/Personnel Committee:  Mr. Daniels presented the April financials.  Mr. Harris stated the audit had been completed.  Mr. Harris and Mr. White will meet with the auditors at a later date to discuss the audit.  Mr. Daniels made the motion to accept the Financial Report and Mr. Andrews seconded.   The motion carried.

 

Preneed Committee:  Mr. Andrews submitted the preneed report for information only and made the motion to accept.  Mr. Manson seconded and the motion carried.

 

Disciplinary:  Mr. Parrott stated there was an addendum.  Discussion ensued.  Mr. Blake made the motion to accept the June 26, 2007 addenda.  Mr. Andrews seconded and the motion carried.  At this time Mr. Lea recused himself from V07-031 and left the room.  Mr. Blake made the motion to separate V07-031 from the Disciplinary Committee Report.  Mr. Parrott seconded and the motion carried.  Mr. Parrott made the motion to accept the recommendation of the Disciplinary Committee with regards to V07-031.  Mr. Daniels seconded and the motion carried.  Mr. Lea did not vote on this matter nor participate in the matter in the Disciplinary Committee meeting and returned to the meeting.  Discussion ensued regarding V07-028 and V07-016.

 

At this time Jack Nichols and Mary Shuping with Allen and Pinnix entered the meeting.

 

Mr. Andrews made the motion to send the Letter of Caution in the matter of V07-016.  Mr. Blake seconded the motion.  Mr. Andrews, Mr. Blake, Mr. Daniels, Mr. Lea, Mr. Parrott, Mr. McCree and Mr. Manson voted yes.  Mr. White voted no.  The motion carried.  Discussion ensued regarding M06-024.  Mr. Manson made the motion to accept the Disciplinary Committee report with the exception of V07-031 and V07-016.  Mr. Daniels seconded and the motion carried.

 

Mr. White called for a motion to go into closed session to consult with an attorney retained by the Board in order to preserve the attorney/client privilege between the attorney and the Board.  Mr. Parrott made the motion and Mr. Daniels seconded.  The motion carried.

 

Mr. Parrott made the motion to return to open session and Mr. Daniels seconded.  The motion carried.  Mr. White called for a five-minute recess at 11:00.  Mr. Nichols and Ms. Shuping departed the meeting.

 

Mr. Dirksen stated Mr. & Mrs. McMillan had requested a continuance on the deliberation since one Board member would not be in attendance today.  Mr. Parrott made the motion to accept the request and Mr. Daniels seconded.  Motion carried.

 

Laws, Rules and Legislation:  Mr. Harris presented the report in Mr. Briggs’ absence.  Mr. Harris discussed SB1435 and SB1400

 

Since the Mr. Briggs was not present, this report was submitted for information only.

 

Attorney’s Report:  Mr. Dirksen presented the report and reported that Mr. Nichols had been able to secure reimbursement to the Recovery Fund, legal expenses, and penalties from of approximately $10,000.  All hearings for today and tomorrow have been resolved by consent order.  Mr. Andrews made a motion to accept the report and Mr. Daniels seconded.  Motion carried.

 

Executive Director’s Report:  Mr. Harris submitted the Inspectors Monthly Status Reports for review. 

 

Since May 16, 2007, thirty-three reports have been filed.  The following are establishment changes:  New funeral homes—G. Lane’s Memorial Funeral Home; Registered Change of Ownership—Bowling Funeral Home, Rocky Mount was sold and is now operating as Johnson Funeral and Cremations and Edwards Funeral Home, Inc., Kinston, was sold; Chapels—Johnson Nashville Chapel was converted as part of the Bowling purchase and Smith & Austin Walker Chapel, Columbia is operating at a temporary facility and converted from an establishment to a chapel due to a fire; Location Change—McEwen Funeral Service, Morehead Street, moved to a new facility in Sharon Memorial Park; Crematories—McLaurin at Pinecrest Memorial Park Funerals & Cremations changed crematory name to Cardinal Cremation Services, Bowling change to Johnson’s, Maple Springs Crematory moved to a new facility, Underwood Crematory, Smithfield and Peacock Newnam & White, Southport are new crematories.

 

New funeral director licenses have been issued to: funeral services licenses—Andrew Teresak II, Mark Hecht, Michael Costigan, James Heilman, Larry Williams; Converted from EM to FS—Amiria Thompson-Prather; funeral director licenses—Cheri Powers, Joanne Anderson, Kayce Bester, Inez Green; Embalmer—Calvin Cherry.  Trainees registered are Vivian Wright, Lewis Clark, Jr., Tami Jackson, Edward Gregory, Jr., DeMonica Nealy, Jackson Taylor, Jerry Cranford, Keith Raye and Jonathan Prather.

 

With regards to the monthly Ethics reporting, Mr. Harris has met with Senator Atwater, NCFDA and FD & MA of NC, Inc.  Mr. Harris has attended the FD & MA of NC, Inc. Annual Convention in New Bern and presented an abbreviated version of the Preneed Review for continuing education credit.  Staff Marty Mills and Brett Lisenbee had attended one day with him.  As Legislation Liaison Mr. Harris has filed a quarterly expense report with the Secretary of State’s office showing zero expenses for the quarter.  He will also file another one showing zero expenses on June 30, 2007.  Virginia Harris has reported to him there are 76,217 MBA members and 82 operating MBA.  The auditors will be making some recommendations to the Board when they meet with Mr. Harris and Mr. White but there does not appear to be anything major.  Pursuant to GS 93B Annual Reports will be mailed to the Secretary of State, Attorney General and Joint legislative oversight committee.  Mr. Harris had received a letter from Joshua Slocum, Executive Director of the Funeral Consumers Alliance, Inc. regarding Mr. Dirksen’s letter of March 19 to Mary Brack, President of the Funeral Consumers’ Alliance of Central Carolinas.  Mr. Harris’ reply to Mr. Slocum will address an inaccuracy; however, Mr. Dirksen’s reply to the Institute of Justice will serve as the Board’s reply.

 

The Crematory Authority will meet July 16.  The report to the General Assembly on preneed activity will be presented in August.  Mr. White authorized Mr. Harris to present places for the Board members’ Christmas party.  Mr. Harris was authorized to get in touch with Mike Landon at Fayetteville Technical Community College to schedule the October 10th Board meeting at FTCC.  Mr. Blake made the motion to schedule July 18 for hearings.  Mr. Andrews seconded and the motion carried.  Mr. Harris had reported at the May meeting the ICFSEB Tri-district meeting would be held in October but at this time no date is confirmed.

 

New Business:  Mr. White presented Mr. Manson with Resolution of Appreciation of Service and a token of appreciation from the Board and staff.  Mr. Manson thanked the Board and staff for their courtesy during his service.  Each Board member extended a hand of appreciation to Mr. Manson.

 

Old Business. There was none.

 

Informational Items:  There was none.

 

Mr. White adjourned the meeting until the 11:50 a.m.

 

 

                                                                                                                                               

                                                                                    T. E. White, Sr., President

 

 

                                                                                                                                               

                                                                                    Larry R. Andrews, Secretary