Board Meeting (11/14/2017)

Meeting Minutes and Notes

North Carolina Board for Licensing of Geologists

Minutes

November 14, 2017
Department of Geography and Earth Sciences - University of North Carolina at Charlotte

The meeting was called to order at 10:33 AM by Board Chair Rick Kolb.  Mr. Kolb read the conflict of interest statement.  Other Board members present included Rick Garrett, Bill Miller, John Stevens, Steve Miller and Kenneth Taylor. Executive Director Barbara Geiger, Board Counsel Mary Lucasse were present. Neil Gilbert peer review investigator for the Board 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 August 17, 2017 meeting as amended was made by Kenneth Taylor, seconded by Bill Miller and carried

Financial Report

Dr. Taylor presented the first quarter profit and loss statement and balance sheet.  Following review of the reports, Dr. Miller made the motion to approve the financial report. The motion was seconded by Mr. Stevens and carried.

Administrative Report

Ms. Geiger reported that there are currently 1334 active individual licenses and 243 active corporate licenses.

The 2018 proposed schedule was reviewed and discussed.  Dr. Miller invited the Board to meet at UNC-Asheville on November 13, 2018.  The 2018 agenda was amended to reflect the change in the meeting date and location.  Dr. Taylor made the motion to accept the proposed schedule as amended.  The motion was seconded by Mr. Kolb and carried.

Ms. Geiger noted that there were 45 applications to be reviewed by the Board at the meeting: twelve for exam, 4 for license by comity, 1 reinstatement application and 10 corporate applications.  Three individuals have requested inactive status for the 2018-19 license year.

Ms. Geiger informed the Board that the inventory of bookmarks, distributed at meetings and college visits, attended by the Board were almost gone.  She requested input from the Board for suggested items to be given away at these events.  Suggestions were made and Ms. Geiger was asked to report back at the January meeting.

Legal Report

Contract Process

Mary Lucasse updated the Board on the contract process for NC State agencies.  If a proposed contract is greater in value than $25,000, the Board is required to go through ITS e-procurement.

Review of Investigation Report regarding NCDOT complaints

Neil Gilbert’s investigation report, regarding complaints submitted by NC DOT of the possible unlicensed practice of geology was reviewed by the Board.  Following brief discussion, Steve Miller made the motion to defer any action to the January meeting of the Board.  Ms. Geiger was asked to provide the entire report including supporting documentation to Board members.  The motion was seconded by Dr. Miller and carried.

Unauthorized Practice Letters/Memo to Michael Scott requesting update to UST Service Provider List

Mary Lucasse presented a list of firms and individuals to whom correspondence was sent regarding the possibility of unauthorized practice. These firms were found on the UST Service Provider List maintained on the NCDEQ/DWM website.  Ms. Lucasse informed Board members that most of the firms had replied and complied with the request to revise the firm’s listing.  Ms. Lucasse also sent a letter to Michael Scott, head of DWM, with a chart indicating specific requests for revisions for each firm. The UST Service Provider List has been revised as requested by the Board.

The only firm on the list from which Ms. Lucasse did not receive a response was Cohesion.  Dr. Miller made the motion that in absence of a satisfactory reply from the firm and the NC licensed geologist listed, that Ms. Lucasse make a one-time attempt to contact the firm and the geologist and that if no response is received that she initiate the process to obtain a permanent injunction against Cohesion, Inc.  The motion was seconded by Mr. Garrett and carried unanimously.

Legislative Update

Ms. Lucasse provided a written report to the Board of legislation affecting geology and occupational licensing boards in general.

Meeting with DHHS re proposed changes to rules as a result of SL 2017-209 for the EOP

Ms. Lucasse informed the Board that she, Board chair Rick Kolb, State Geologist Kenneth Taylor and Executive Director Barbara Geiger had met with Nancy Deal, Trish, and Kevin Neil (LSS) regarding proposed changes to the rules regarding Engineer Option Permitting. Following discussion, Ms. Lucasse was asked to send Board members the proposed rules. Board members should reply with comments to Ms. Lucasse before the end of the year. She will also solicit comments from the NC licensed geologist who provides septic site evaluations as the bulk of his work and who has made inquiries to the Board regarding the proposed rules changes.

The required periodic review of existing rules was discussed.  Ms. Lucasse noted that the Board had completed this process in November 2014 and that the next periodic review would take place in 2024.

As part of the required annual Board training per NCGS §93B-5(g), Ms. Lucasse educated Board members on NCGS §93B-5(G) – Administrative Procedure Act (APA).

ASBOG®

The Executive Director reported on her attendance to the Administrator’s Workshop and the Annual Meeting held on October 31 and November 1, 2017 in Portland Oregon.  Dr. Miller reported on the COE Workshop held November 3-4, 2017.

Continuing Education Committee Report

Rick Garrett reported for the Continuing Education Committee.  Committee members reviewed applications with the full Board sharing areas of concern. Following discussion, three applications were deferred for more information, 10 were denied as the content was not geological in nature or did not satisfy the rules regarding CE. Fifty-two applications were approved. A list of the actions taken is attached.

The Board determined that classes relating to Phase 1 investigations would not qualify as continuing education for the NC Board for Licensing of Geologists, as licensure is not required for Phase 1 investigations.

Old Business

Review Statement on when to Report

Ms. Lucasse shared the draft copy of the memorandum providing guidance to licensed geologists on their obligation to report information learned during a site assessment.  Mr. Garrett made the motion to approve the memo as amended.  The motion was seconded by Dr. Miller and carried.

Report on Per Diem/Mileage/Peer Reviewer Mileage

Ms. Lucasse reported that the April 7, 2017 memo regarding W-2s vs 1099s to report per diem paid to Board members, issued by the Office of State Budget and Management, Office of Human Resources and Office of the State Controller would need to be followed.  The Executive Director is researching options for processing payroll for Board members. Temporary Solutions, a NC State Agency will be contacted.

Strategic Plan

Discussion regarding the Strategic Plan was deferred.

New Business

2018 Schedule

The 2018 proposed schedule was discussed.  Dr. Miller invited Board members to meet at UNC Asheville for the November 13, 2018 meeting and to invite students for an informational session and pizza lunch.  The 2018 schedule was accepted as amended.

2018 GSA Southeastern Section 67th Annual Meeting – Hilton Knoxville, TN – April 12-13

Ms. Geiger asked Board members to be thinking about attendance to the 2018 GSA SE Section meeting in Knoxville, TN April 12-13, 2018. Dr. Taylor and Dr. Miller will attend.  Mr. Garrett will decide and let the Board know in January.

Elections

Due to the status of appointment/reappointment of Board members, Dr. Taylor made the motion to defer elections to the January meeting.

Working Session

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

Dr. Taylor 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 Mr. Stevens, the Board resumed the open session.

There being no further business, on motion and second the meeting was adjourned at approximately 4:27 pm.

Respectfully submitted:

Kenneth Taylor, Secretary/Treasurer