Board MeetingState Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors - Raleigh, NC
April 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
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.
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
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 email@example.com 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.
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.
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.
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,
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
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.
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
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.
Kenneth Taylor, Secretary/Treasurer
• 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.