August 11, 2014

Board Meeting (8/12/2014)

Meeting Minutes and Notes

NC Board for Licensing of Geologists


August 12, 2014

Upton Associates, Raleigh, NC

The meeting was called to order at 9:16 am by Chair Lindsey Walata.  Others present included Rick Kolb, Bill Miller, Steve Miller, John Stevens, Kenneth Taylor, Barbara Geiger, Board Administrator and Phillip Reynolds, Board Counsel.  Ms. Walata read the conflict of interest statement.  Dr. Taylor noted that, as the State Geologist and employee of the NC Department of Environment and Natural Resources, he will refrain from participating in the deliberation or taking any action by the Board with respect to any application for licensing submitted by an employee of the Department.  There were no other conflicts noted.

Welcome and Introductions

The Board welcomed new public member Steve Miller.  Ms. Walata read the conflict of interest letter from the NC Ethics Commission.  Mr. Miller and Board members introduced themselves.

Approval of Minutes

Following review of the minutes of the April 15, 2014 meeting of the Board, motion was made by Ken Taylor, seconded by Rick Kolb to accept the minutes with edits.  The motion carried. Rick Kolb made the motion to approve the conference call minutes of July 28, 2014.  The motion was seconded by Bill Miller and carried.  Lindsey Walata reviewed the schedule as pertains to the Periodic Review of Existing Rules.

Financial Report

The financial report was reviewed and discussed by the Board.  John Stevens informed the Board that when attempting to purchase CDs for the Board through an online institution paying higher interest rates, he found that these institutions do not allow organizations to participate.  Therefore, the CD that matured on May 29, 2014 was left with Suntrust Bank as the rate was comparable to other local banks.  Following discussion, Barbara Geiger was asked to contact the NC Board of Engineers to inquire how that Board invests their funds.  Noting that August 29 is the rollover date of the second CD, John Stevens will check with Wells Fargo to see if a higher rate can be secured.  If advantageous to the Board, Mr. Stevens will move the CD as previously approved by the Board at the April meeting.

Ms. Geiger provided copies of the document entitled, “Financial Statements for Years Ended June 30, 2014 and 2012 and Independent Auditor’s Report” to Board members for their review.  This document will be discussed at the next meeting. 

Administrative Report

Barbara Geiger reported that there are currently 1246 Active Individual licensees with 6 applications for reinstatement to be reviewed by the Board today.  There are 139 individuals who did not renew their license by July 31 and who will be sent revocation letters.  There are 226 Active Corporate licenses with one application for reinstatement to be reviewed by the Board today.  There are 18 corporations that did not renew the license by July 31.  These firms will be sent revocation letters.

Ms. Geiger gave an update on the new online renewal system.  She told the Board that there were many issues with the new system but that staff had managed to make it through the renewal period.  Ms. Geiger stated that, if licensees were unable to renew licenses by July 31 due to issues with the website, then they would not be required to pay reinstatement fees. 

Ms. Geiger stated that a number of issues still exist with the new website including inability of licensees to renew online, and inability to operate with Internet Explorer, Ms. Geiger will provide a detailed summary of issues to the Board Chair and a letter to Click Culture will be submitted requesting correction of all outstanding issues within a specific timeframe. 

Ms. Geiger noted that the Governor’s office had been contacted to inquire regarding Rick Kolb’s appointment but that he had not yet been reappointed or replaced.

Legal Update

Board Counsel, Phillip Reynolds provided training to the Board regarding  the Tort Claims Act (Article 31 of Chapter 143) and Defense of State Employees Act (Article 31A of Chapter 143) in compliance with N.C.G.S. § 93B-5.


Ms. Walata gave an overview of ASBOG and its role as administrator of the National examination.  The ASBOG Annual Meeting and Workshops is scheduled for November 10-15, 2014 in Indianapolis, Indiana.  Motion was made by Bill Miller, seconded by John Stevens to send up to four representatives from the Board as Subject Matter Experts and the Voting Delegate.  The motion carried.  Steve Miller offered to attend and/or assist in any way possible at industry meetings or trade shows, including the upcoming Southeastern GSA meeting in Chattanooga, TN, scheduled for March 2015.

Old Business

Periodic Review of Existing Rules

Phillip Reynolds gave an overview of H74 and what is involved in the rules review and the rules process in general.  Lindsey Walata thanked sub-committee members Rick Kolb and Bill Miller and all other Board members for their work and participation in this process.  A Board meeting via conference call is scheduled for Thursday, Oct. 9th at 10 am to move toward completion of the rules review process. 

Communications/Email blasts

Dr. Taylor noted that this topic would be an ongoing issue and that as the website was updated to include the ability to email all licensees, that email communications would begin.  In the meantime, if there are urgent issues that need to be communicated, Barbara Geiger offered the use of the Upton Associates Constant Contact account.  Ms. Walata asked that representatives from Click Culture be invited to report to the Board at the November meeting regarding the status of work completed and the status of work completed and work in process with expected completion dates. 

NC Mining and Energy Commission Update

Dr. Taylor reported that the Commission has set the rules and that they are now published in the NC Register except for one rule that was inadvertently left off by the Rules Review Commission.  The new deadline for public comment is September 30, 2014.  Dr. Taylor distributed a document regarding the rules including a legislative summary, public comment meeting dates, definitions of concepts and QR codes linking to all of the above.

New Business

Program Evaluation Division Study, Evaluation of Independent Occupational Licensing Boards

On July 9, 2014, the Board received a survey from the PED regarding the study and evaluation of independent licensing boards.  This survey was sent to all occupational licensing boards.  The deadline for completion of the survey was July 31.  Lindsey Walata and Barbara Geiger, with assistance from Phillip Reynolds, completed the survey and it was submitted on July 25, 2014.  Board members discussed the survey and were in agreement that Ms. Walata had done a good job in relaying the Board’s position regarding the creation of an umbrella agency and/or consolidation of licensing Boards.

Recognition process for departing Board Members

Ms. Walata read a thank you letter from Dr. Harris.  The unofficial practice has been to recognize outgoing Board chairs with the “pick plaque”.  Consensus was to honor all outgoing Board members with the plaque.  Motion was made by Rick Kolb and seconded by Bill miller to honor Bob Remsburg with the plaque.  Barbara Geiger was asked to invite him to attend the November or January meeting to be recognized for his service.

November 18, 2014 Meeting

The November 18 meeting of the Board is scheduled for 1132 Jordan Hall on the campus of NC State University.  Barbara Geiger will coordinate with the University contact and Rick Kolb regarding parking and lunch.  The possibility of carpooling was proposed.

Barbara Geiger reminded Board members that the next meeting of the Board would be held by conference call on October 9, 2014 at 10:00 am.  Notice will be sent.

Motion was made by Dr. Taylor and seconded by John Stevens to move into closed session per § 143-318.11(a).

Kenneth Taylor made the motion to approve the applications for exam, comity, corporate and reinstatement as presented.  The motion was seconded by Rick Kolb and carried.

There being no further business, the meeting adjourned at 1:48 pm.

Respectfully submitted

John Stevens

Secretary Treasurer