Board Meeting (11/12/2019)

Meeting Minutes and Notes

North Carolina Board for Licensing of Geologists

Minutes • November 12, 2019

Linville Falls Room, Plemmons Student Union, ASU, Boone, NC

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

The meeting was called to order at 9:53 a.m. by Vice Chair Steve Stadelman. Other Board members present included Rachel Kirkman, Dennis LaPoint, and Kenneth Taylor. Former Board member Bill Miller, Executive Director Barbara Geiger and Board Counsel Mary Lucasse were also present. Robert Mensah-Biney was absent due to the weather. Dr. Stadelman 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 the deliberation or taking any action by the Board with respect to any matter involving an employee of the Department.  A quorum was established.  The letter from the NC Ethics Commission, regarding the appointment of Dr. Richard K. Spruill to the Board as academic member was read.  Dr. Spruill was unable to attend the meeting due to a prior commitment.

Elections

Dennis LaPoint made the motion to elect Steve Stadelman as chairman of the Board.  The motion was seconded by Rachel Kirkman and carried unanimously.  Dr. Stadelman made the motion to elect Rachel Kirkman as Vice Chairman of the Board.  The motion was seconded by Dennis LaPoint and carried unanimously.  Dr. Stadelman thanked Dr. Miller for his second round of service on the Board and volunteered to serve on the CE Committee as Dr. Miller’s replacement.  On motion by Dr. LaPoint and second by Ms. Kirkman, Dr. Stadelman was appointed to the CE Committee.  The Committee was advised to choose a committee chair at their next meeting.

Approval of Minutes

Motion to approve the minutes of the August 14, 2019 meeting was made by Dr. LaPoint, seconded by Ms. Kirkman and carried.

Financial Report

Dr. Taylor presented the first quarter profit and loss statement and balance sheet. There was discussion regarding raising the corporate license fee from $25 to $50.  Ms. Geiger was asked to make this an agenda item for the January meeting.  Dr. LaPoint made the motion to accept the financial report. The motion was seconded by Ms. Kirkman and carried.

Administrative Report

Ms. Geiger reported that there are currently 1059 active individual licenses and 226 active corporate licenses.  She reported that there were 225 inactive status licensees.

She reported that there were a total of 64 candidates for examination during the October 4, 2019 administration of the ASBOG® exam.  There were 51 candidates who took Part 1 (FG) and 17 candidates who took Part 2 (PG).

Ms. Geiger reported on a spam message that appeared to have been sent to all licensees, from the Board on October 11, 2019.  Mrs. Geiger sent an email that same day to all licensees to alert them that the message was in fact spam.

Ms. Geiger informed Board members that the audit of CE was in full swing and that there would be a report at the January meeting.

She shared a letter from Dr. Spruill regarding his attendance at the CLEAR Investigator training in early October.

An update of the website was discussed.  Ms. Geiger suggested that the Board allow Upton Associates to hold the new contract for the proposed website update and that website management become part of the Upton contract.  Dr. LaPoint made the motion that Ms. Geiger be prepared with an Upton Associates contract at the January meeting, to include CE management and website management, and that Ms. Zambon and Ms. Lucasse review said contract with Ms. Geiger prior to presentation to the Board.  The motion was seconded by Dr. Taylor and carried.

Legal Report

NC GS § 93B Training

Ms. Lucasse informed Board members that NC GS § 55B-10, the Professional Corporation Act allows up to $50 for the corporate license fee, but that the rules of the Board only allow for $25.

Ms. Lucasse reviewed the NCBLG procedure for handling complaints filed against NC licensed geologists as the required Board training, making reference to NC GS § 89E, 21 NCAC 21 and NC GS § 150B.

It was suggested that Dr. Miller be invited to serve as an investigator and as a member of the Board’s Peer Review Committee.  Ms. Geiger was asked to update the investigator list and invite any committee members who have not yet done so, to attend the CLEAR Investigator Training in Raleigh in March 2020.

Continuing Education Committee Report

Approval of CE Applications

Following review of the report from the Continuing Education Committee, Dr. LaPoint made the motion to accept the report as presented.  Ms. Kirkman seconded, and the motion carried unanimously.

Staff was instructed to automatically return/reject CE applications that are not geological in nature.

Disciplinary Action

Per NCGS § 143-318.11(6), motion was made by Dr. Taylor to move into closed session to discuss disciplinary matters.  The motion was seconded by Dr. LaPoint and carried.

Dr. Taylor moved to return to the open session.  The motion was seconded by Ms. Kirkman and carried.

ASBOG®

Ms. Kirkman, Drs. Miller and LaPoint attended the ASBOG® Annual Meeting and COE Workshop in early November 2019, in Minneapolis, MN. Ms. Kirkman and Dr. Miller attended the COE Workshop and Dr. LaPoint attended the COE Workshop and served as the voting delegate for the NCBLG during the Annual Meeting.

Dr. LaPoint gave a brief summary of the highlights of the Annual Meeting, pointing out that ASBOG® is attempting to increase the value of membership to its member Boards.

Old Business

2020 Meeting Dates

The November meeting date was changed to November 12, 2020.  Dr. Taylor will contact the geology department at UNC Chapel Hill to inquire of their interest in hosting that meeting and having the Board present the licensing presentation to students in the geology program.

Newsletter

The upcoming newsletter was discussed.  Again, suggested articles included the topics of CE, the passing of former State Geologist Jim Simons, exam stats, including the fact that the largest administration of the FG to date, occurred on October 4, 2019, administrative report and old/new Board members.  A brief article regarding the most recent presentation to students at ASU and past presentations, including an inquiry regarding the desire of other NC institutions of higher learning was suggested.  Board Counsel Mary Lucasse volunteered to prepare an article regarding disciplinary procedures.

The Board continues to discuss the possibility of scholarship opportunities.  Drs. LaPoint and Mensah-Biney were appointed to a Scholarship Committee and were asked to make recommendations regarding this matter in the near future.

New Business

Review of Reports @ State Agencies

Ms. Geiger informed Board members that former member of the Board, Rick Kolb had indicated that he had been involved in discussions with geologists in NCDEQ's Brownfields program regarding the large number of poor reports that are seen on a regular basis from licensed geologists and geological corporations.  Mr. Kolb offered to be of assistance to the Board, should an investigation into the matter be initiated.  Following discussion, the Board asked that Ms. Lucasse request that Ms. Zambon prepare a letter to Mr. Kolb, thanking him for bringing the matter to their attention.  The letter should inform Mr. Kolb that should he or a member of the NCDEQ Brownfields program see something in submitted reports or otherwise that affects the public health, safety and welfare, to please bring that matter to the attention of the Board so that the Board can take appropriate action.  Board members did not see the need for a formal investigation at this time.

Working Session

Per NCGS § 143-318.11(6), motion was made by Dr. LaPoint to move into closed session to review applications.  The motion was seconded by Ms. Kirkman and carried.

Motion was made by Dr. Stadelman and seconded by Dr. LaPoint to resume the open session.  The motion carried.

Motion was made by Rachel Kirkman to accept those actions taken in closed session regarding applications for examination, comity, reinstatement and corporate license. The motion was seconded by Dennis LaPoint and carried unanimously.

There being no further business, on motion and second the meeting was adjourned at 4:42 pm.

Respectfully submitted:

Kenneth B. Taylor, Secretary/Treasurer