Board Meeting (4/18/2017)

Meeting Minutes and Notes

North Carolina Board for Licensing of Geologists
Minutes - April 18, 2017
NC State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors
Raleigh, NC

The meeting was called to order at 9:09 am by Board Chair Rick Kolb. Mr. Kolb read the conflict of interest statement. Other Board members present included Bill Miller, John Stevens, Steve Miller and Kenneth Taylor. Mr. Garrett was excused. Executive Director Barbara Geiger and Board Counsel Mary Lucasse were also present. Evan Kane, PG was also present. Dr. Taylor noted that, as the State Geologist and employee of the NC Department of Environmental Quality, he would refrain from participating in the deliberation or taking any action by the Board with respect to any matter involving an employee of the Department.

Welcome and Introductions
Approval of Minutes
Motion to approve the minutes of the January 24, 2017 meeting as amended was made by John Stevens, seconded by Bill Miller and carried.

Financial Report
Dr. Taylor presented the third quarter profit and loss statement and balance sheet. Motion was made by Dr. Miller to accept the financial report. The motion was seconded by John Stevens and carried.

Administrative Report
Ms. Geiger reported that there are currently 1378 active individual licenses and 244 active corporate licenses. She reported that the ASBOG® examination was held on March 18 where 26 candidates sat for Part One and 11 candidates sat for Part Two of the ASBOG® examination. Ms. Geiger reported on the Board’s email, noting that ncblg@bellsouth.net was an old email address and that it was considered a “legacy” address and may be compromised without notice. She reported that she had met with Lloyd Jacobs and Anson Ellison from web developer ClickCulture and that they can provide email services through Gmail or any other email provider, setting up email addresses for Board members and staff to ensure that the Board email will be secure and dependable. Dr. Miller made the motion that the Board contract with ClickCulture to provide email services to the Board, setting up secure email addresses for Board members and staff at the discretion of the Executive Director. The motion was seconded by John Stevens and carried.

Board reappointment and replacements were discussed. Ms. Geiger informed the Board that she had been in contact with the Governor’s office but that no progress had been made. Steve Miller said that he would write a letter to the Governor indicating his willingness to be reappointed.

Legal Report
Mary Lucasse gave the legislative update reporting and reviewing SB464, SB 634 and HB 689. Ms. Lucasse reported that she and the Executive Director would attend the 3rd Annual Best Practices Seminar at the State Bar on April 25, 2017.

As part of the required annual Board training per NCGS §93B-5(g), Ms. Lucasse educated Board members on NCGS §132 Public Records.

Ms. Lucasse reported on the subcontracting issue brought to the Board by the Division of Waste Management, whereby there are 58 companies offering to provide geological services and that only 42 of those firms are licensed geological corporations. Ms. Lucasse recommended sending an advisory letter to those firms, asking them to stop providing geological services and to copy the Division of Waste Management on the letter. Motion was made by Dr. Miller, seconded by Mr. Kolb that the Board proceed in this manner. Motion carried.

Ms. Lucasse reported that the Final Agency Decision in Payne vs. NCBLG, 15 CvS2055 was affirmed by Judge Roberson in Alamance County Superior Court. Mr. Payne did not appeal the Letter of Reprimand and that document will now become a part of his licensee file. Ms. Lucasse reported she would inform the Complainant of the outcome.

ASBOG®
Rick Kolb reported on the ASBOG® Council of Examiner’s Meeting in Flagstaff, AZ. Bill Harris and Richard Spruill also attended the COE meeting on behalf of the NCBLG. Dr. Harris submitted a report that was read to Board members.

Old Business
GSA SE Section Annual Meeting – Richmond, VA
Drs. Miller and Taylor gave an overview of the meeting where the NCBLG shared a booth with ASBOG. The meeting is a good platform to educate and inform future licensees of the path to licensure and to provide general awareness of the law to licensees and others in the profession.

Proposed Rules/Hearing Officer Report
Dr. Taylor served as hearing officer for the January 4, 2017 hearing regarding the proposed rules of the Board. The majority of comments received were in favor of a continuing education component of the Board. Ms. Lucasse gave a summary of the rules and asked for permission to move forward with those that are in their original format with no changes. Dr. Miller made the motion to approve Rule 21 NCAC 21 .0101, 21 NCAC 21 .0103 and 21 NCAC 21 .0104 as written. The motion was seconded by Mr. Kolb and carried unanimously. The following rules were reviewed and acted upon with changes:
§ 21 NCAC 21 .0301, 21 NCAC 21 .0302 – Motion to approve Kolb, second Miller
§ 21 NCAC 21 .0303 – with updates, motion to approve Miller, second Taylor
§ 21 NCAC 21 .0403 – with proposed changes, motion to approve Taylor, second Stevens
§ 21 NCAC 21 .0404 – with proposed changes, motion to approve Kolb, second Miller
§ 21 NCAC 21 .0405 – Motion to approve Miller, second Taylor
§ 21 NCAC 21 .0406 – Motion to approve Kolb, second Miller
§ 21 NCAC 21 .0407 – Motion to approve Miller, second Taylor
§ 21 NCAC 21 .0501 – Motion to approve Taylor, second Stevens
§ 21 NCAC 21 .0502, .0505, .0506, .0511 – Motion to approve Taylor, second Stevens
§ 21 NCAC 21 .0513 – Motion to approve Miller, second Kolb
§ 21 NCAC 21 .0514, .0515, .0803, .0804, .0903, .1101, .1102 – Motion to approve Taylor, second Stevens

Motion was made by Kenneth Taylor and seconded by Rick Kolb to send the proposed rules as approved to the Rules Review Commission for publication in the Register. The motion carried unanimously.

Motion to accept the proposed list of pre-approved providers of continuing education as revised and to post the list on the Board website was made by Dr. Taylor, seconded by Mr. Kolb and carried. It was agreed that the list is and will continue to be a work in progress.

New Business
Mr. Kolb informed the Board that he would like to publish a message from the Chair and/or a Board member on a regular basis to keep the lines of communication and critical thinking open among licensees. He also discussed “livening up” the Board website and creating a social media presence for the Board. He asked that these items be placed on the next meeting agenda for discussion. Ms. Lucasse would be responsible for reviewing and approving these methods of communication.

Due to time constraints, the agenda items Online Complaint Form, Strategic Plan and CLEAR Training for Investigators was deferred until the next meeting.

The Board discussed electronic communications. Suggestions for topics included highlights of the most recent Board meeting, ASBOG® exam update, approved applications, lapsed or inactive licenses and complaints and action taken.

Mr. Kolb updated Board members on the DWM Brownfields Outreach Event, the Solid Waste Rule Re-adoption Meetings, a discussion of the scope of work performed by geologists and engineers, and presented an issue that had come up as to when a licensee should report findings to third parties.

Per NC GS § 143-318.11(6), motion was made by Dr. Taylor to move into closed session. The motion was seconded by John Stevens and carried.

Dr. Miller made the motion to approve the applications as acted upon by the Board. The motion was seconded by Mr. Stevens and carried unanimously. On motion by Dr. Taylor and second by Dr. Miller, the Board resumed the open session.

There being no further business, on motion and second the meeting was adjourned at approximately 3:19 pm.

Respectfully submitted:
Kenneth Taylor, Secretary/Treasurer

ACTION ITEMS
• Barbara Geiger contact ClickCulture regarding @ncblg email addresses for Board
members and staff.
• Steve Miller apply for reappointment with Boards and Commissions – Governor’s Office
• Mary Lucasse send advisory letters to unlicensed firms working with DWM.
• Inform complainant of decision in Payne vs. NCBLG, 15 CvS2055.
• Mary send proposed Rules to RRC for publication in the Register.
• Barbara Geiger update list of pre-approved providers of CE.
• Barbara Geiger place website and social media on agenda for August 17 meeting.