RECORD OF PROCEEDINGS A meeting of the Colorado Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors was held Friday, March 10, 2017 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
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
Jered Minter
ARC
Member
Deborah N. Watson
Member
Phyllis J. Widhalm
Member
MEMBERS ABSENT Mary M. Morissette
ARC
Vice Chair
Wendy L. Amann
PE
Member
OTHERS PRESENT
III.
Mark Browne
Program Director, Electrical and Plumbing Boards
Christy L. Thomas
Program Manager
John J. Roberts, Esq.
First Assistant Attorney General
Dennis Rhodes
Office of Expedited Settlement
APPROVAL OF PREVIOUS MEETING MINUTES: A motion was made, seconded and carried to approve the February 10, 2017 minutes as amended. Wendy L. Amann and Mary M. Morissette abstained. It was requested that the Board’s opinion regarding the submission of documents with electronic signatures be posted as reference information on the Board Opinions website pages.
IV.
REPORTS: Program Director Report Program Manager Christy Thomas informed the Board of the following: •
Welcomed Mark Browne, Electrical and Plumbing Board’s Program Director, and explained that he would stand in for Joyce Young who was attending the NCARB Regional Summit.
•
PE/PLS application review process: Ms. Young is looking into NCEES’ application review process; April applications will be sent to the PE members for review prior to the April agenda mailing.
•
Item #48 (Fendick) was removed from the agenda as he had an ABET degree and was approved for the PLS Examination.
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Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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Board Member Report Earl Henderson gave a summary on the Rocky Mountain Surveyors Annual Summit held February 15-17, 2017. Survey Quorum Report Kelly Miller presented the Survey Quorum report to the Board from the morning’s meeting including a request for opinion regarding the deposit of a plat; discussion regarding the PLS application forms; and the possibility of NCEES expanding the PLS exam. After discussion, a motion was made, seconded and carried to accept the Survey Quorum report. V.
NEW BUSINESS: Architect Continuing Education Exception/ Extension Request – Nicole J. Lakra, ARC Ms. Lakra submitted a written request for an exemption/extension to the continuing education renewal requirements. After discussion, a motion was made, seconded and carried to allow an extension to December 31, 2017. Complaint 2016-6401 – Theodore J. Archibeque, PLS A complaint was initiated by Staff that alleged that Mr. Archibeque used a Schedule 1 controlled substance, as set forth in §18-18-203(2)(c)(XXIII), C.R.S., a violation of §12-25-208(1)(j), C.R.S. Mr. Archibeque responded. Kelly Miller 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. Complaint 2017-330 and 2017-331 – John Effinger, III, PE and PLS Two complaints were initiated against Mr. Effinger’s PE/PLS license alleging the use of his seal with an expired license. Mr. Effinger responded. After discussion, a motion was made, seconded and carried to refer this matter to Executive Session for possible disciplinary action. Complaint 2017-336 – Margaret A. Kinsey, ARC At the January 2017 meeting, the Board reviewed a complaint initiated against James C. Pedler, ARC #202049, requesting that he provide the name of the Colorado Architect who was in responsible control on the San Luis K-12 school project and that he provide a set of full-size plans. In his response, Mr. Pedler named Margaret Kinsey, ARC as the “lead architect” on the project. At that time, the Board initiated a complaint against Ms. Kinsey and requested she provide a set of full-size plans. Ms. Kinsey responded. Jered Minter recused himself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to table this complaint to obtain additional information. Following further discussion, a motion was made, seconded and carried to initiate a complaint against Adele Willson, ARC. Complaint 2016-5826 – Michael W. Lance, PE A complaint was initiated by Staff that alleged habitual or excessive use or abuse of alcohol, a violation of §12-25108(1)(i), C.R.S. Mr. Lance responded. After discussion, a motion was made, seconded and carried to refer this matter to Executive Session for possible disciplinary action. Complaint 2016-5935 – Theodore J. Tinsman, ARC This complaint alleged substandard practice on the plans for a rooftop bar and restaurant buildout in Denver. The Complainant requested to withdraw this complaint, and the Board assumed the role of Complainant. Mr. Tinsman responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2016-5936 – Theodore J. Tinsman, ARC This complaint alleged substandard practice on the plan for a rooftop garage loft in Denver. The Complainant requested to withdraw this complaint, and the Board assumed the role of Complainant. Mr. Tinsman 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 – Jesse T. Adkins, III, ARC This claim alleged substandard practice on the professional design services for an apartment building in Denver. After discussion, a motion was made, seconded and carried to take no action.
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Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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Report of Settlement or Judgment – Robert C. Davis, III, PE This claim alleged substandard practice on the repair design for a condominium in Littleton. Narender Kumar recused himself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to take no action. Report of Settlement or Judgment – Thomas M. Jarmon, ARC This claim alleged substandard practice on the professional design services for a townhomes project in Steamboat Springs. After discussion, a motion was made, seconded and carried to initiate a complaint and request additional documents. Report of Settlement or Judgment – Brett A. McElvain, PE This claim alleged substandard practice on the structural engineering services for a single-family home in Aspen. After discussion, a motion was made, seconded and carried to take no action. VI.
OLD BUSINESS: Compliance with Board Order 2015-4596 – Samuel D. Phelps, Active with conditions, PLS Mr. Phelps entered into a Stipulation and Final Agency Order with the Board effective August 10, 2016. Mr. Phelps submitted documentation for the continuing education requirements of paragraphs 30 and 32 of the Order. After discussion, a motion was made, seconded and carried to accept the continuing education as meeting the terms of the Order. Compliance with Board Order 2012-2045 – Robert E. Port, Active with Conditions, PLS AMI submitted a letter regarding the status of Mr. Port’s continued monitoring pursuant to the November 21, 2014 Stipulation. Mr. Port represented to the Practice Monitor that he is not producing any land surveying work that is under his responsible charge subject to the November 21, 2014 Stipulation. After discussion, a motion was made, seconded and carried to refer this matter to Executive Session for possible disciplinary action. Compliance with Board Order 2015-177 – Dorian E. Ross, Active with Conditions, PE AMI submitted the 4th Quarterly Report for the period October 1, 2016 through December 31, 2017 and the 5th, Quarterly Report for the period of January 1, 2017 through February 7, 2017 pursuant to the January 25, 2016 Stipulation. Mr. Ross’ attorney submitted a request for early release from probation and practice monitoring. After th th discussion, a motion was made, seconded and carried to accept the 4 and 5 Quarterly Reports, accept the projects and refer this matter to Executive Session for possible disciplinary action. Tabled Complaint 2016-993 – Michael P. Sheridan, PE At the July 2016 meeting, the Board reviewed this complaint and Mr. Sheridan’s response. At that time, the Board tabled action on this matter until the investigations on two other cases were complete. After discussion, a motion was made, seconded and carried to refer this matter to Executive Session for possible disciplinary action. Tabled Settlement or Judgment – Kenneth A. Berendt, ARC At the January 2017 meeting, the Board reviewed Mr. Berendt’s report and tabled to request additional information. Mr. Berendt responded. Kelly Dunn recused herself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to take no action. REVIEW OF APPLICATIONS: 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. 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.
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Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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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:
Michael D. Jones, ARC Architect # 402384 July 31, 2011 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
James A. Burke, PE Professional Engineer # 45502 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:
Louis J. Maillet, PE Professional Engineer # 33434 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:
Ronald M. Trujillo, PE Professional Engineer # 29903 July 31, 2002 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Aaron D. Wilburn, PE Professional Engineer # 43391 October 31, 2013 A motion was made, seconded and carried to reinstate this license by consensus.
Report of Applications Reviewed and Applicants Licensed (02/10/17 – 03/09/17) Number of Applications Approved for Examination:
11 1
Number of Applicants Interviewed at this Meeting: Number of Applicants Licensed as an Architect:
50
Number of Applicants Licensed as a Professional Engineer:
95 3
Number of Applicants Licensed as a Professional Land Surveyor: Total Number Licensed:
148
Architect license numbers 404697 through 404746 were issued. Professional Engineer license numbers 52004 through 52098 were issued. Professional Land Surveyor license numbers 38546 through 38548 were issued. (Board decisions are recorded in each Applicant’s file and in the Board Applicant Database System)
VII.
EXECUTIVE SESSION I - Disciplinary Issues: At 11:14 a.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 12:07 p.m. the Board’s discussion in executive session concluded and the Board returned to open session.
March 10, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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Daniel J. Swallow, Chair
Date: May 12, 2017
VIII. EXECUTIVE SESSION II - Disciplinary Issues: At 12:41 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 1:29 p.m. the Board’s discussion in executive session concluded and the Board returned to open session. Daniel J. Swallow, Chair
IX.
Date: May 12, 2017
ACTIONS SUBSEQUENT TO EXECUTIVE SESSION: Complaint 2017-330 and 2017-331 – John Effinger, III, PE and PLS After discussion, a motion was made, seconded and carried to dismiss this complaint. The Board found that there was no reasonable cause to warrant further action at this time. Complaint 2016-5826 – Michael W. Lance, PE After discussion, a motion was made, seconded and carried to issue a Letter of Admonition. Compliance with Board Order 2012-2045 – Robert E. Port, Active with conditions, PE After discussion, a motion was made, seconded and carried to table this matter and communicate with AMI. Compliance with Board Order 2015-177 – Dorian E. Ross, Active with Conditions, PE After discussion, a motion was made, seconded and carried to accept the request for early release from the Stipulation. After further discussion, a motion was made, seconded and carried to initiate a complaint. The complaint was dismissed as the Board found that there was no reasonable cause to warrant further action at this time. Complaints 2015-1352, 2015-4007 and 2016-993 – Michael P. Sheridan, PE The Board considered Reports of Investigation in this matter. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaints 2016-2479 – Earl F. Henderson, PLS The Board considered a Report of Investigation in this matter. Earl Henderson recused himself and left the room during discussion in executive session and, discussion and vote during general session. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. GENERAL BUSINESS: Streamlining Veterans Occupational Credentials – John “JB” Brower, DPO Veterans Policy Analyst John “JB” Brower gave a presentation outlining key elements of the Division’s new veterans licensing project based on HB 16-1197 that directs state agencies to implement a program to streamline the granting of occupational credentials to veterans based on military training. No action was taken. Review of Outstanding/Unresolved Item list The Board reviewed the list and took no action. NCEES Items - FYI The Board reviewed NCEES items and took no action.
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Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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NCARB ITEMS - FYI The Board reviewed NCARB items and took no action. ADJOURNMENT: There being no further business, the meeting was adjourned at 1:42 p.m. These minutes were approved by the Board on this 12th day of May 2017. For the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Daniel J. Swallow, Chair
March 10, 2017
Date: May 12, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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