RECORD OF PROCEEDINGS A meeting of the Colorado Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors was held Friday, November 10, 2016 at 1560 Broadway, Suite 1250C, Denver, Colorado. This meeting of the Board was publicly noticed in accordance with Division Policy. I.
MEETING – CALL TO ORDER: The meeting was called to order by Daniel J. Swallow, Chair, at 9:00 a.m.
II.
RECOGNITION OF MEMBERS MEMBERS PRESENT: Daniel J. Swallow
Chair
Brian G. Robertson
PE
Secretary
Wendy L. Amann
PE
Member
Catherine H. Dunn
ARC
Member
Neville F. Gaines
PE
Member
Michael M. Greer
PLS
Member
Earl F. Henderson
PLS
Member
Narender Kumar
PE
Member
Kelly L. Miller
PLS
Member
Deborah N. Watson
Member
Phyllis J. Widhalm
Member
OTHERS ABSENT: Mary M. Morissette
ARC
Vice Chair
Jered Minter
ARC
Member
OTHERS PRESENT:
III.
Joyce J. Young
Program Director
Christy L. Thomas
Program Manager
John J. Roberts, Esq.
First Assistant Attorney General
June Nieto
Board Licensing Specialist
Dennis Rhodes
Office of Expedited Settlement
APPROVAL OF PREVIOUS MEETING MINUTES: A motion was made, seconded and carried to approve the October 14, 2016 minutes as amended. Earl Henderson abstained. It was requested that the Board’s opinion regarding the signing/sealing requirement for exempt project design documents be posted as reference information on the Board Opinion website pages.
IV.
STAFF COMMENTS: Program Director Joyce Young informed the Board of the following: •
To be consistent with other programs, the Division has requested that only two Staff members attend future Board meetings. Therefore, the November meeting will be the last meeting with June Nieto’s full participation. Joyce Young and Christy Thomas will be the Staff in attendance at future meetings.
•
A new Deputy Director has been appointed and will meet the Board at a future meeting.
•
Former Board member Dan Donegon, PE will be at the January 2017 meeting for the Engineering Experience Review 101 training session.
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V.
•
At the February 2017 meeting, there will be a Land Surveyor 101 training session.
•
A meeting with the Office of Information Technology has been scheduled to discuss electronic monument records.
•
ARE 5.0 kicked off in November that included outreach by NCARB.
GENERAL BUSINESS: Survey Quorum Report Michael Greer presented the Survey Quorum report to the Board from the morning’s meeting including the election of officers; a request for direction regarding requiring easements in Improvement Survey Plats; and the review of remedial work for a licensee under Board order. After discussion, a motion was made, seconded and carried to accept the Survey Quorum report. Review and Consideration of Proposed Rules The Board discussed the proposed rules as drafted. After discussion, a motion was made, seconded and carried to publish the proposed rules. The Rulemaking hearing is scheduled to be held on January 13, 2017. In addition, the Board reviewed responses to the Early Stakeholder Engagement eBlast that was sent to all architects in active, inactive and retired status. The Board directed Staff to provide a response to all stakeholders regarding some general themes that came through. Compliance with Board Order 2015-4495 – Matthew J. Brady, Active with Conditions ARC Mr. Brady entered into a Stipulation and Final Agency Order with the Board effective May 24, 2016. Pursuant to paragraph 25, he was required to submit compliant documentation to apply toward his 2014 and 2015 Continuing Education Hour (CEH) deficiency. The Board reviewed Mr. Brady’s submissions. After discussion, a motion was made, seconded and carried to lift the fine in abeyance and require that Mr. Brady resubmit course descriptions on the CE Structured Report forms with more detail by December 23, 2016. Compliance with Board Order 2011-952 – Wayland E. Britt, Active with Restrictions, PE AMI submitted an update on their search for a new practice monitor required pursuant to the November 10, 2012 Stipulation and September 16, 2013 Stipulation Amendment. No action was taken. Compliance with Board Order 2015-2548 – Michael S. Chessnoe, PLS Mr. Chessnoe entered into a Stipulation and Final Agency Order with the Board effective October 28, 2015. The Board reviewed Mr. Chessnoe’s final corrected remedial work. After discussion, a motion was made, seconded and carried to accept the survey and have Mr. Chessnoe deposit the plat and provide proof to the Board. Compliance with Board Order 2012-2045 – Robert E. Port, Active with Conditions PLS AMI submitted the 7th Quarterly Report for the period July 1, 2016 through September 30, 2016, pursuant to the November 21, 2014 Stipulation. After discussion, a motion was made, seconded and carried to accept the report. Compliance with Board Order 2015-177 – Dorian E. Ross, Active with Conditions PE AMI submitted the 3rd Quarterly Report for the period July 1, 2016 through September 30, 2016, pursuant to the January 25, 2016 Stipulation. After discussion, a motion was made, seconded and carried to accept the report and to accept the 3 projects. Compliance with Board Order 2013-1191 – Joseph D. Sundquist, Active with Conditions PE AMI submitted the 5th Quarterly Report for the period July 1, 2016 through September 30, 2016 pursuant to the February 13, 2015 Stipulation. After discussion, a motion was made, seconded and carried to accept the report. Tabled Complaint 2016-1291 – Curtis E. Carroll, PLS At the September 2016 meeting, the Board tabled action and requested that Mr. Carroll provide additional information. Mr. Carroll responded. After discussion, a motion was made, seconded and carried to refer this matter to Executive Session for possible disciplinary action. Tabled Complaint 2016-3580 – Felipe Pineiro, ARC At the October 2016 meeting, the Board reviewed this complaint and the response by Mr. Pineiro and his attorney. At that time, the Board tabled action for the PLS members to review and determine if the surveys were altered and
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provide a report to the Board. Earl Henderson recused himself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to issue a Letter of Admonition. Complaint 2016-3849 – Wayland L. Britt, PE This complaint alleged substandard practice and violation of Mr. Britt’s 2011 Board Order. Mr. Britt responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Investigations for an expert review. Complaint 2016-4827 – Curtis E. Carroll, PLS This complaint alleged Mr. Carroll performed a survey for a client without first obtaining the client’s permission. Mr. Carroll responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2016-4703 – Thomas L. Burnett, PLS This complaint alleged substandard practice on a boundary survey in Park County. Mr. Burnett responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. After further discussion, a motion was made, seconded and carried to initiate a complaint against Mr. Burnett alleging his plat failed to meet the generally accepted standards of the practice of land surveying. Complaint 2016-4400 – Jeffrey W. Couch, PE This complaint alleged Mr. Couch practiced engineering while his license was suspended. Mr. Couch responded. Brian Robertson recused himself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. After further discussion, a motion was made, seconded and carried to initiate a complaint against Mr. Couch for the use of “Civil Engineer” and issue a Cease and Desist Order. Complaint 2016-4790 – Gerald F. Novotny, PE At the September 2016 meeting, the Board reviewed an Engineering Report of Malpractice Settlement or Judgment that alleged substandard practice on the gas line design for a multi-family housing project in Denver. At that time, the Board initiated this complaint. Mr. Novotny and his attorney responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2016-4767 – Robert L. Williams, PE This complaint alleged Mr. Williams performed engineering services beyond his competency, training or education. Mr. Williams responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2016-3255 – William C. McNutt, Unlicense This complaint alleged Mr. McNutt, who is a licensed professional engineer in Texas, practiced engineering in Colorado without a Colorado license. Mr. McNutt and his attorney responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Report of Settlement or Judgment – Kenneth A. Berendt, ARC This claim alleged substandard practice on the accessibility design for a community center in Texas. Kelly Dunn recused herself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to table until the January 2017 meeting to allow the remaining architect members to comment. Report of Settlement or Judgment – Derek R. Johnson, PE This claim alleged substandard practice on the civil engineering services for a residential development project in Centennial. After discussion, a motion was made, seconded and carried to take no action. Report of Settlement or Judgment – Kenneth F. Lee, PE This claim alleged substandard practice on the structural engineering services for a residential development in Centennial. After discussion, a motion was made, seconded and carried to take no action. Report of Settlement or Judgment – Ronald Ngantung, PE This claim alleged substandard practice on the structural engineering services for a residential development project in Centennial. After discussion, a motion was made, seconded and carried to take no action. Report of Settlement or Judgment – John T. Sievert, PE November 10, 2016
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This claim alleged substandard practice on the structural engineering services for a residential development project in Centennial. After discussion, a motion was made, seconded and carried to take no action. PRIOR DECISIONS OF THE BOARD: Individuals may have requested a personal interview with the Board regarding a prior Board decision on their application, or in some cases, the Board may have initiated the personal interview. After full consideration of each applicant's entire file and the additional information presented, the Board made its decision. Due to privacy issues, the names of applicants and the Board’s decisions are no longer a part of the minutes made available to the public. VI.
REVIEW OF APPLICATIONS: Applications for Original License License applications were reviewed by the Board and Board Staff. Due to privacy issues, names of applicants and the Board’s decisions are no longer a part of the minutes. License Reinstatements The individuals listed below made a written request to the Board to reinstate their license(s). Each individual has provided the Board with documentation to support the request. After consideration of their file and supporting documentation, the Board made the following decisions: Licensee Name: License Type & Number: Date License Expired: Board Decision:
Tracy D. Anderson, ARC Architect # 306528 July 31, 2007 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Don R. Holmes, ARC Architect # 302566 October 31, 2013 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Erich J. Axsom, PE Professional Engineer # 31950 July 31, 2009 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Brian K. Dougan, PE Professional Engineer # 44719 October 31, 2013 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Steven J. Seitz, PE Professional Engineer # 34908 October 31, 2013 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
F. Daniel Muldoon, ARC Architect # 202080 October 31, 2015 A motion was made, seconded and carried to table this matter and request additional information.
Licensee Name: License Type & Number: Date License Expired:
Jean A. Phillips, PE Professional Engineer # 26130 February 28, 2011
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Board Decision:
A motion was made, seconded and carried to refer the matter to the Office of Expedited Settlement and authorize Staff to approve the application subject to the applicant’s acceptance of a Letter of Admonition and a $500.00 fine.
Report of Applications Reviewed and Applicants Licensed (10/14/16 – 11/09/16) Number of Applications Approved for Examination:
5 0
Number of Applicants Interviewed at this Meeting: Number of Applicants Licensed as an Architect:
44
Number of Applicants Licensed as a Professional Engineer:
94 3
Number of Applicants Licensed as a Professional Land Surveyor: Total Number Licensed:
141
Architect license numbers 404558 through 404601 were issued. Professional Engineer license numbers 51537 through 51630 were issued. Professional Land Surveyor license numbers 38536 through 38539 were issued. (Board decisions are recorded in each Applicant’s File and in the Board Applicant Database System) VII.
EXECUTIVE SESSION - Disciplinary Issues: At 12:36 p.m., a motion was made, seconded and carried by at least two-thirds of the entire Board membership to enter into executive session for the purpose of considering information required to be kept confidential under § 2472-204(3)(a)(I), C.R.S. and discussing with counsel disputes that are the subject of pending or imminent court action, discussing specific claims or grievances, and receiving legal advice on specific legal questions, pursuant to §§ 24-6402(3)(a)(II) and (III), and 24-72-204(2)(a)(II), C.R.S. At 1:54 p.m. the Board’s discussion in executive session concluded and the Board returned to open session. Daniel J. Swallow, Chair
Date: January 13, 2017
VIII. ACTIONS SUBSEQUENT TO EXECUTIVE SESSION: Tabled Complaint 2016-1291 – Curtis E. Carroll, PLS After discussion, a motion was made, seconded and carried to table to obtain additional information. Complaint 2015-1352 – Michael P. Sheridan, PE The Board considered a Report of Investigation in this matter. After discussion, a motion was made, seconded and carried to rescind the case from the Office of Investigation and table for completion of the second case being investigated. IX.
GENERAL BUSINESS: Request for Opinion – Mark S. Johannes, PLS In October 2016, the Survey Quorum reviewed a request from Mark S. Johannes, PLS regarding a Water & Sanitation District requiring site plans to be prepared and sealed by a PLS but that appeared to contain information that may be the practice of engineering. At that time, the Survey Quorum requested that the matter be reviewed by the full Board. After discussion, a motion was made, seconded and carried to advise Mr. Johannes, and copy Douglas County Sanitation District, that what is stated in his email is considered to be engineering and would be required to be signed/sealed by a Colorado Professional Engineer. Request for Direction – Raghavendra Sharma – Determination of Base Flood Elevations Mr. Sharma asked about the equipment and evaluation methods used by professional engineers and professional land surveyors to determine the base flood elevations at a site. Mr. Sharma is currently developing a mobile Geographic Information System application which could be used to assess a site more effectively than by contour interpolation. Direction was given to refer Mr. Sharma to FEMA and the ASCE.
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Review and Request for Approval of Revised Policy 40.15 At the July 2015 meeting, the Board adopted Policy 40.15. The updates proposed would bring the policy up-to-date for the next renewal cycle. After discussion, a motion was made, seconded and carried to adopt Policy 40.15 as amended. Discussion Regarding Expert List and Recruitment Staff requested the Board to review the current expert list and provide names and contact information for potential expert candidates. The Board provided information to Staff. Election of Officers Elections were held and the following Board positions were voted on, keeping the same slate of officers: Chair: Vice Chair: Secretary:
Dan J. Swallow Mary M. Morissette Brian G. Robertson
Review of Outstanding/Unresolved Item list The Board reviewed the list and took no action. NCEES Items - FYI There were no items for review. NCARB ITEMS - FYI There were no items for review. ADJOURNMENT: There being no further business, the meeting was adjourned at 2:17 p.m. These minutes were approved by the Board on this 13th day of January 2017. For the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors
Daniel J. Swallow, Chair
November 10, 2016
Date: January 13, 2017
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