Board Meeting (11/13/2018)

North Carolina Board for Licensing of Geologists

Minutes

November 13, 2018
Brown Hall – UNC Asheville, NC

Call to Order/Conflict of Interest Statement/Welcome and Introductions

Vice Chair Bill Miller presided and called the meeting to order at 9:08 a.m. He welcomed the newly appointed members to the Board. In addition to the Vice Chair, the Board members present included Rachel Kirkman, Robert Mensah-Biney, Steve Stadelman, John Stevens, and Kenneth Taylor. Executive Director Barbara Geiger and Board Counsel Mary Lucasse were also present. Dr. Miller read the Conflict of Interest Statement as required by the State Government Ethics Act. Dr. Taylor noted that, as the State Geologist and employee of the NC Department of Environmental Quality, he would refrain from participating in any deliberations or actions by the Board with respect to any matter involving an employee of the Department.

Approval of Minutes

Motion to approve the minutes of the August 15, 2018 meeting was made by Dr. Taylor, seconded by Mr. Stevens and carried.

Financial Report

Dr. Taylor presented the first quarter profit and loss statement and balance sheet and made the motion to accept the financial report. The motion was seconded by Mr. Stadelman and carried. Ms. Geiger was asked to add scholarships for the GSA SE Section Meeting to the agenda for the January meeting.

Administrative Report

Ms. Geiger reported currently active individual licensees number 1225, active corporate licenses 234, and inactive status licensees 201. She reported that there were 38 candidates who took Part One of the ASBOG® Exam and 19 candidates who took Part Two of the ASBOG® Exam on October 5, 2018.

Ms. Geiger presented a request from an exam candidate to defer the fees paid for the October 5, 2018 exam to the March 15, 2019 exam, though the candidate had cancelled after the published 30-day cancellation period. Following discussion, motion was made by Rachel Kirkman to deny the request. The motion was seconded by John Stevens and carried.

Legal Report

Mary Lucasse gave the legislative update noting that there had been no legislative activity relevant to the Board since her last report in August 2018.

For the benefit of new members of the Board, Ms. Lucasse gave an overview of the DHHS’s adoption of revised rules regarding Engineered Option Permits. Ms. Lucasse reviewed the positions taken by the Board and DHHS Wastewater Section during the EOP rules revision process, noting that it was to the benefit of the Board to resolve any conflicting interpretations of these rules.

Ms. Lucasse provided an update on a matter that the Board had referred to the Office of Administrative hearings which will come before the Board for a final agency decision at its January meeting.

As part of the required annual Board training per NCGS §93B-5(g), Ms. Lucasse provided an overview of the relevant statutes and rules that impact the work of the Board. This includes the Professional Corporations Act (G.S. § 55B), the Limited Liability Company Act (G.S. § 57D), the Geologists Licensing Act (G.S. § 89E), the Occupational Licensing Boards Act (G.S. § 93B), the Public Records Act (G.S. § 132), the State Ethics Act (G.S. § 138A), the Article relating to Tort Claims against State Departments and Agencies (G.S. § 143, Art. 31), and the Open Meetings Act (G.S. § 143, Chapter 32). Counsel agreed to send links to these statutes to all Board members.

ASBOG®

Ms. Geiger shared with Board members the reports submitted by Dr. Bill Harris who attended the COE meeting and Dr. Dennis LaPoint who attended the COE meeting and who also served as the voting delegate for the ASBOG Annual Meeting.

Dr. Taylor shared details of the attempt of the Texas Sunset Advisory Committee to abolish the Texas Board of Professional Geoscientists (TBPG). The Committee’s action is scheduled to take place shortly.

Continuing Education Committee Report

The Continuing Education (“CE”) Committee met just prior to the Board meeting and presented the following report for consideration of 49 requests. The Committee recommended 35 activity  approvals 6 requests for further information, 4 denials and pre-approval of 4 activities.  There were 7 licensees who needed CE approved in order to be in compliance with the renewal requirement.

Dr. Taylor made the motion to accept the CE Committee’s recommendations, which was seconded, and carried unanimously.

CE Guidelines Update

The CE Guidelines update was deferred to a future Board meeting.

CE Audit Review and Approval

The CE audit review and approval was tabled to give new members of the Board time to review the report. A conference call Board meeting was scheduled for 9:30 AM on December 13, 2018 to review and approve the audit submissions. Ms. Geiger was asked to send an email to those licensees who have not yet complied with the audit request and to give them until December 3, 2018 to comply.

Lunch Presentation to UNCA Geology Students

The Board adjourned for the luncheon presentation to UNCA geological students.

Old Business

Newsletter

The newsletter was discussed. Topics to be included in the newsletter and the person volunteering to write each submission were reviewed and confirmed:

·      Stats from March ASBOG exam – Barbara Geiger

·      CE Corner – Mary Lucasse (submission completed and sent to Ms. Geiger)

·      Message from the Past Chair – Rick Kolb

·      CE links/Audit Process – Barbara Geiger

·      ASBOG update COE – Bill Miller

·      ASBOG update Annual Meeting – Dennis LaPoint

·      Board member profile – John Stevens (submission will be written by Executive Director or staff based on interview).

Reunion of Past Board Members

The Board decided that they would defer to Mr. Kolb to make arrangements and to plan a reunion of past and present members of the Board.

New Business

Article Regarding EOP

It was decided that in order to inform licensees, there should be an article in the newsletter regarding the EOP rules adopted by DHHS. Mary Lucasse will draft this article. Ms. Geiger was asked to send Ms. Lucasse the 1995 letter sent by the Board to the Soil Science Board.

Online Geology Degree

Ms. Geiger shared with the Board an inquiry from a prospective exam candidate regarding the acceptance of online degrees in the geological sciences.  The Board determined that as long as the online degree was issued by an accredited institution and the candidate met the requirements of the law, an online degree would be accepted.

Elections and CE Committee Appointments

Dr. Miller opened the floor for nominations.  Dr. Mensah-Biney nominated Dr. Bill Miller for the position of Chair. Dr. Taylor seconded the nomination. Steve Stadelman volunteered for the position of Vice-Chair. Dr. Taylor agreed to continue to serve as secretary-treasurer. Dr. Miller called for a vote to approve the officers as presented. All were in favor and the slate of officers was approved unanimously.

Dr. Miller noted that the position of CE Committee chair was vacant and the Committee was in need of a third member. Ms. Kirkman volunteered to serve on the Committee. Dr. Miller agreed to serve as Chair of the CE Committee.

Working Session

Per NC GS § 143-318.11(6), motion was made by Mr. Stadelman to move into closed session. The motion was seconded by Dr. Mensah-Biney and carried.

Mr. Stevens made the motion to resume the open session. The motion was seconded by Ms. Kirkman and carried.

Mr. Stadelman made the motion to approve the recommendations of the Board regarding the applications. The motion was seconded by Dr. Taylor and carried.

Meeting Dates

The date and location of the November 12, 2019 meeting was discussed. The date was changed to November 14, 2019. Mr. Stadelman will contact Elizabeth City State University, Pembroke College and Wake Technical College regarding the possibility of hosting the meeting and making a presentation to the geology students.

There being no further business, the meeting was adjourned at 3:19 pm.

Respectfully submitted:

Kenneth Taylor, Secretary/Treasurer