REGULAR BOARD
MEETING
MINUTES
September 10, 2008
The North Carolina Board of Funeral Service met for a duly
scheduled Board Meeting at 9:00 a.m. on September 10,2008 at the Board’s
office,
Present: Mark Blake, President; Larry Andrews, Vice
President; J. T. Willoughby III, Secretary; Rudy Lea, T. E. White, Sr., and
Frank McCree. Jack Briggs and
Also Present: Paul
Harris, Executive Director; Stephen N. Dirksen, General Counsel; Elizabeth
Webber, Betty Stoddard and Herb Reichlin with the Funeral Consumers Alliance,
Pat Hayes with the North Carolina Funeral Directors Association, Fred Jordan
with the N. C. Eye Bank, Dorman Caudle with Carolina Donor Services, Betty Lynn
Snelling with Cremation Association of North Carolina, Funeral Service licensee
Dan Funchess and Elliott Futrell and
Mr. Blake called the meeting to order and led the Pledge of
Allegiance and had the invocation.
Mr. Blake read the Ethics Awareness & Conflict of
Interest Reminder and not one recused themselves at this time.
At this time Mr. Blake opened the Public Hearing for
comments to the proposed changes to the rules.
No one had any comments. Mr.
White made the motion to close the hearing and Mr. Andrews seconded. The motion carried.
Mr. Blake asked for public comment and there was none. Visitors introduced themselves.
Mr. Willoughby presented the minutes for the August 13,
2008. Mr. Andrews made the motion to
accept the minutes and Mr. White seconded.
The motion carried.
Clinics: Mr. Lea updated the
Board of the progress of the remote broadcast of the November 19 seminar. Editing of the raw video will begin on
September 25 and finish on October 7.
This report was for information only.
Exam Committee:
Mr. White reported nine applicants registered for the August exam, all
first time takers. One did not show up
and another requested a transfer to September.
Of the seven that did take the exam--five passed and two failed.
Mr. White then deferred to Mr.Harris to give an update on
the computer based laws and rules exam and Castle Worldwide. Discussion ensued. Mr. White made the motion to retain Castle
Wordwide to administer the computer-based laws and rules exam. Mr. Willoughby seconded and the motion
carried. The frequency of score
reporting was further discussed and staff will get back with that information.
Finance/Personnel:
In Mr. Briggs absence, Mr. Harris presented the August financials. Staff had been directed to see if the current
mortgage holder would reduce the $2500 fee with regards to the refinancing of
the mortgage. There will be no
reduction, however, the fee may be waived with a further deposit to the bank. The Committee was recommending a deposit
limit of $10,000 if the bank would reduce the fee. Also recommended was the transfer of reserves
from the Wachovia Securities to the State Treasurer’s account. Mr. Willoughby made the motion and Mr. Lee
seconded. The motion carried.
The Committee was recommending an increase (if needed) of up
to $4250 in the contract services line item for investigations. Mr. White made the motion and Mr. Andrews
seconded. The motion carried.
Staff is working on a draft of the 2009 budget to present to
the Committee by the October deadline.
There is a need for a database for the transport/removal
permit holders. Vincent Miranda is
developing a quote.
After researching the repair of the old server and
alternatives to repair, discussion with Worksmart indicates the server will not
hold backup information from the current server so it will not be repaired.
Board member compensation was discussed. Mr. Lea made the motion for Board meetings,
Hearings and meetings of the Crematory Authority, members will receive per diem
of $100.00. For all other official
duties, including committee meetings, the following formula shall apply: If less than 2 hours, $25; if at least 2
hours but less than 4 hours, $50; if more than 4 hours, $100.00.
Mr. White seconded and the motion carried. Staff will draft a new expense report form
for members.
Laws, Rules & Legislation: Mr. Harris presented the report in Mr.
Briggs’ absence. As discussed under
finance, a database similar to other licenses is needed for transport/removal. Proof of continued insurance coverage on the
vehicles should accompany renewals for transport/removal companies rather than
just at initial application. Discussion
ensued. Mr. Andrews made the motion to
require proof of insurance coverage with renewals. Mr. Lea seconded and the motion carried.
Preneed Committee:
Mr. Andrews presented the preneed report. The Committee had met prior to the Board
meeting and were recommending the following:
1) Staff draft a letter to First Citizens regarding the placement of
their received stamp so the stamp does not obscure the preneed contract
language. Discussion ensued. Mr. Willoughby made the motion and Mr.
Andrews seconded. The motion
carried. 2) Refer to Laws, Rules and
Legislation committee the matter on preneed contract transfers and disclosures
when firms have closed. Discussion
ensued. Mr. Willoughby made the motion
and Mr. Andrews seconded. The motion carried.
At this time there was a
ten-minute recess.
Disciplinary Committee: Mr. Lea recused himself from M08-014 and
yielded the floor to Mr. Harris. Mr.
Harris stated that Mr. Lea did not participate in the matter of M08-014 in the
Committee meeting. The report had
previously been mailed to Board members.
Discussion ensued regarding M08-014.
Mr. Willoughby made the motion to accept the recommendation. Mr. Andrews seconded. The motion carried. Mr. Blake stated Mr. Lea did not participate
in the discussion or vote of M08-014.
Discussion ensued regarding the rest of the report. Mr. Willoughby made the motion to accept the
report with the exception of M08-014.
Mr. White seconded. Mr. Lea, Mr.
Willoughby, Mr. McCree, Mr. White and Mr. Blake voted yes. Mr. Andrews voted no. The motion carried.
Mr. Andrews stated he would like to revisit V08-040 and made
the motion to send a Letter of Caution.
Mr. White seconded and the motion carried.
Mr. Harris requested a 30 second recess to consult with Mr.
Dirksen and it was granted.
Traineeship Committee: Mr. Blake stated the committee
was recommending the discontinuing use of the traineeship video until a new one
can be made and staff to work with
Attorney Report: Mr. Dirksen stated the 11:00
hearing request had been settled and the 2:00 hearing originally scheduled had
requested a first continuance and met all the guidelines. Mr. Lea made the motion to accept the
continuance. Mr. White seconded and the
motion carried. The defendant for the
Thursday hearing had retained an attorney and the attorney would not be
available for the hearing and was requesting a continuance. Since the requirements had not been met, the
defendant would appear personally to request the continuance but was not yet at
the office. Mr. Dirksen requested this
matter be held until his appearance. Mr.
Dirksen then presented his report and discussed the case files.
Two additional matters were
presented. 1) To grant authority for Case M07-010 to be
handled by the Office of Administrative Hearings and use outside counsel. Discussion ensued. Mr. Lea made the motion and Mr. Andrews
seconded. The motion carried. 2) For Cases V08-048 and M08-013 the Board
consider a summary suspension for emergency action and to allow a prompt
hearing in order to prevent harm to consumers.
Discussion ensued. Mr. White made
the motion and Mr. Andrews seconded. The
motion carried. Mr. Andrews made the
motion to set a hearing date for October 1 and 2. Mr. Lea seconded and the motion carried.
At this time Mr. Dirksen noted
that the defendant was now in the Board’s office to request the
continuance. Mr. Nathaniel Tucker of
Tucker Funeral Home then entered and requested a continence of his
hearing. Questions ensued. Mr. White made the motion to grant the
continuance and Mr. Willoughby seconded.
Mr. Lea, Mr. Blake, Mr. Willoughby, Mr. McCree and Mr. White voted
yes. Mr. Andrews voted no. The motion carried.
Executive Director’s Report: Mr. Harris submitted the
Inspectors Monthly Status Reports for August.
Since the August 13 Board Meeting
seventeen reports have been filed.
Establishment Changes: New
funeral homes—Good Shepherd, Indian Trail, and Carolina Mortuary Service &
Cremation, Charlotte.
New funeral service
licensees: Kari Saad, Josefa Meek.
New funeral director
licensees: Michael St. Onge, Christopher
Stoessner, Rick Hood, Sharon Maitland.
New trainees: Lisa Caskey, Damon Depew, Tryan Strickland,
Catherine Davis, Derrick Farmer, Stephen Reeves.
Staff Ethics Report: Meetings and discussion with North Carolina
Funeral Directors Association, Funeral Directors and Morticians Association of
North Carolina, Inc., and the Funeral Consumers Alliance.
The letter to the NC Medical
Society and NC Hospital Association has been mailed with no response to
date. We have received some responses
and questions regarding the Board’s directive for transport/removal services.
Additional items looking
ahead: Security/Safety training for
inspectors will be held at the Board office; Review of the renewal applications
for any changes; Disclosure of establishment in ownership; and office security.
New Business: Mr. Willoughby stated Continuing
Education had met prior to the Board meeting and were recommending staff begin
to add clarifying language to the website listing of programs and be delegated
authority to use discretion on the titles.
Discussion ensued. Mr. Andrews
made the motion and Mr. Lea seconded.
The motion carried.
Mr. Harris presented the Order of
Liquidation for Marks Mutual Burial Association in Rockingham and Brooks &
White Mutual Burial Association in Roxboro.
Mr. White made the motion to authorize the dissolution. Mr. Willoughby seconded and the motion
carried.
Old Business: Mr. Harris stated during the
August Board meeting, the Crematory Authority Elections ballot mailing date was
not decided. Mr. White made the motion
to mail the ballots by October 1. Mr.
Lea seconded and the motion carried.
General—Mr. Blake made some
personal observations on the communication processes and timelines for organ
and tissue recovery.
Informational items: There were none.
Public Comment: Ms. Stoddard thanked the Board
for allowing the Funeral Consumers Alliance to attend the August seminar and
how much they enjoyed the presentations.
The Board took a ten-minute
recess. Upon reconvening, Mr. White made
the motion to go into closed session to prepare and approve the laws and rules
exam items in accordance with GS 143-318.18(6).
Mr. Lea seconded and the motion carried.
Upon proper motion by Mr. White
and second by Mr. Andrews the Board voted unanimously to reenter into open
session. Mr. Blake asked for a motion to
approve the recommendations for the laws and rules examination. Mr. White made the motion. Mr. Andrews seconded and the motion was
passed unanimously.
Mark
Blake, President
J.T.
Willoughby III, Secretary