REGULAR BOARD MEETING
MINUTES
December 12, 2007
The North
Carolina Board of Funeral Service met for a duly scheduled Board Meeting at
9:00 a.m. on December 12, 2007 at the Board’s office,
Present: T. E.
White, President; Mark Blake, Vice President; Larry Andrews, Secretary; Rudy
Lea, Frank McCree, Sr., J. T. Willoughby III, George Parrott, and Jack
Briggs. Windell Daniels was absent.
Also
Present: Paul Harris, Executive
Director; Stephen N. Dirksen, General Counsel; Pat Hayes with the North
Carolina Funeral Directors Association, Fred Jordan with the NC Eye Bank,
Dorman Caudle Funeral Home Liaison with Carolina Donor Services, Betty Stoddard
and Herbert Reichlin with the Funeral Consumers Alliance, and Lyn Cochrane.
Mr. White
called the meeting to order at 9:12 a.m. and read the Ethics Awareness &
Conflict of Interest Reminder. No one
recused themselves at this time.
Mr. White asked
for a moment of silence in remembrance of former Board President, Bonner Paul.
Mr. Willoughby
had the invocation.
Mr. White asked
for public comment and there was none.
At this time Mr. Blake asked the gallery to introduce themselves.
Mr. Andrews
presented the November 14, 2007 minutes for information only. Mr. Parrott made
the motion to accept the minutes. Mr. Willoughby seconded and the motion
carried.
Exam Committee:
Mr. Blake stated eight first time applicants took laws and rules with
six passing and two failing. Mr. Harris
stated four applicants took the exam on December 11, 2007 with all four
passing. Mr. Blake stated a letter from
International Conference was presented with information regarding the exam
applicant that requested an alternative exam.
There was no alternate exam. Mr.
Willoughby a motion to uphold the Board policy and recognize the ICFSEB opinion
that allows no alternative exam. Mr. Lea
seconded and the motion carried. Mr.
Harris will notify the exam applicant.
Mr. Andrews made the motion to accept the Committee Report. Mr. Lea seconded and the motion carried.
Finance/Personnel: In Mr. Daniels absence, Mr.
Harris presented the November financials.
Mr. Harris submitted the 2008 Proposed Budget and responded the
questions. Mr. Parrott made the motion to
go into Executive Session to review personnel performance and salaries. Mr. Andrews seconded and the motion carried.
Mr. Briggs made
the motion to return to open session and Mr. Blake seconded. The motion carried. Mr. Briggs made the motion to accept the
recommendations by Finance/Personnel.
Mr. Lea seconded and the motion carried.
Mr. Blake made the motion to accept the 2008 Budget as recommended by
Finance/Personnel. Mr. Willoughby
seconded and the motion carried.
Jack Nichols
with Allen & Pinnix joined the meeting at this time.
Discussion
ensued regarding the use of the reserve account to buy out the current DocStar
lease and purchase a second station. Mr.
Parrot made the motion for approval of this expenditure from the reserve
account. Mr. Lea seconded and the motion
carried. Discussion ensued regarding use
of the reserve account to apply against the mortgage debt. Mr. Harris will research this and bring the
information to the January 2008 meeting.
Mr. Willoughby
made the motion to accept the Finance/Personnel report and Mr. Parrott
seconded. The motion carried.
At this time
Mr. Blake made the motion to go into Executive Session to consult with an
attorney retained by the Board regarding pending litigation and legal
matters. Mr. Parrott seconded and the
motion carried.
Mr. Parrott
made the motion to return to open session.
Mr. Lea seconded and the motion carried.
No action was taken at this time.
Mr. Nichols departed the meeting.
Preneed
Committee: Mr. Andrews presented the report for
information only. Mr. Harris stated one
new preneed licensee had been licensed after the report had been
completed--Wilders Funeral Home in Aulander.
Mr. Parrott made the motion to accept the report and Mr. Blake seconded. The motion carried.
Disciplinary: Mr. Parrott
presented the report with one addendum.
Mr. Briggs recused himself from item V04-088. Discussion ensued regarding the report. Mr. Briggs made the motion to approve
V07-060, V07-063, V07-053, V07-054 and M07-019.
Mr. Andrews seconded and the motion carried.
Mr. Briggs stepped away from the table.
Mr. Willoughby made the motion to accept the Disciplinary Committee’s
recommendation with regards to V04-088.
Mr. Blake seconded and the motion carried. Mr. Briggs did not participate in the vote
and at this time returned to the table.
Laws, Rules and Legislation: Mr. Briggs
stated there were several items the committee had discussed at the Tuesday
afternoon meeting. As policy they were
recommending the Board recognize that a family has the right to compose and
publish obituaries without the assistance of a licensed funeral director.
With regards to the letter staff received: An entity wants to start a crematory and
place the actual crematory unit in one physical location and establish a
business office in another location. The
committee recommendation is to deny this proposal.
With regards to the question of an unaffiliated licensee’s use of a
meeting facility in which the licensee has ownership interest, the committee
recommends that not be approved. This
does not affect the individual’s ability to apply for an unaffiliated license.
Mr. Andrews made the motion to accept the recommendations by the Laws,
Rules and Legislation Committee. Mr.
Blake seconded and the motion carried.
Attorney Report: Mr. Dirksen
presented the report for information only.
A continuance for the 11:00 am Disciplinary Hearing had been submitted
for approval. Mr. Briggs made the motion
to accept the continuance. Mr.
Willoughby seconded and the motion carried.
Executive Director’s Report: Mr. Harris
submitted the Inspectors Monthly Status Reports for review.
Since the November 14 Board Meeting, twenty-nine reports have been
filed. The following are establishment
changes: New Funeral Home—Wilder’s
Funeral Home, Aulander and Massey Funeral Home, Enfield (former Bowling Funeral
Home). Change of Ownership—Kennedy
Funeral Home, Robbins and Walker Funeral Home, Plymouth.
Mr. Harris stated last month’s report had a correction. Garnes & Toney’s Home for Service, Spring
Hope, is not opened for business but is pending.
New Funeral Service Licensee:
Katherine Walters. New
Trainees: Carey Booth, Timothy Smith,
Marvin Moye and Dandrell Williams.
There is no Ethics Report other than phone calls between the NCFDA and FD
& MA of NC, Inc. and Mr. Harris.
A letter from a county inspector regarding State plumbing code and
preparation room requirements had been received. Mr. Harris will contact State Plumbing Board
for their opinion.
Construction developers behind the building have said construction on the
parking deck should be completed by December 31. Parking spaces will be reserved for the
building occupants during normal business hours. Crosland Construction will repave and gutter
the parking lot.
Mr. Harris has received a consumer complaint by telephone regarding three
separate Charlotte area firms and the proper distribution of their GPL’s. This complaint will be put in writing and
mailed to him for review.
All Board members must complete the Ethics Training by December 31,
2007. Discussion ensued.
There will be a Preneed Review on Monday and an FTC/Cremation law Review
on January 18. Interest percentage on
the Recovery Fund Claims will be discussed at the January meeting.
Mr. Harris presented an updated office sign drawing. The original sign will be used and the new
sign will be placed beneath the original and will show the office hours.
Mr. White called for a five-minute recess at 11:45 a.m. At 11:50 a.m. Mr. Willoughby made the motion
to reconvene the meeting and Mr. Parrott seconded.
At this time Inspector Carolyn Connor entered the meeting and made a
report to the Board. Mr. White thanked
Ms. Connor and commended her on her work for the Board.
New Business: Mr. White
opened the floor for nomination of Board officers for 2008. Mr. Andrews nominated Mr. Blake for
President. Mr. Willoughby made the
motion for the nominations by closed by said name. Mr. Briggs seconded. Discussion ensued. Mr. Briggs made the motion that Mr. Blake be
elected by acclimation. Mr. Parrott seconded
and Mr. Blake was elected President.
Mr. Blake nominated Mr. Andrews for Vice President. Mr. Briggs made the motion that Mr. Andrews
be elected by acclimation. Mr. McCree
seconded and Mr. Andrews was elected Vice President.
Mr. Lea nominated Mr. Willoughby for Secretary. Mr. Briggs made the motion that Mr.
Willoughby be elected by acclimation.
Mr. McCree seconded and Mr. Willoughby was elected Secretary.
Mr. White congratulated Mr. Blake, Mr. Andrews and Mr. Willoughby. Mr. Blake thanked the Board for their
confidence in him as president. Mr.
Briggs thanked Mr. White in the manner in which he had served the Board and in
how he had represented the Board at other functions. Mr. White made comments regarding his tenure
as Board president.
Discussion ensued regarding the 2008 Board calendar. January 9, 2008, was set as the next meeting
date and the new calendar will be adopted at that meeting for the rest of the
year.
Old Business: There was
none.
Informational Items: The North
Carolina Eye Bank Research Approach Time Limitations was presented and the Eye
Bank commended. The ICBSEB will meet in
San Antonio in February. The budget
allows for the President, Vice President and Secretary to attend. Mr. Briggs reflected on the death of licensee
and former Board President Bonner Paul.
Mr. White
opened the floor for public comment and there was none.
Mr. Parrott
made the motion to adjourn and Mr. Blake seconded and the meeting adjourned at
12:05 p.m.
Mark
Blake, President
J.T.
Willoughby III,Secretary