RECORD OF PROCEEDINGS A meeting of the Colorado Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors was held Friday, April 14, 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

Mary M. Morissette

ARC

Vice Chair

Brian G. Robertson

PE

Secretary

Wendy L. Amann

PE

Member

Catherine H. Dunn

ARC

Member (departed at 2:00 p.m.)

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

Phyllis J. Widhalm

Member

MEMBERS ABSENT Deborah N. Maestas

Member

OTHERS PRESENT

III.

Joyce J. Young

Program Director

John J. Roberts, Esq.

First Assistant Attorney General

June Nieto

Board Licensing Specialist

Lauri Rose

Office of Expedited Settlement

APPROVAL OF PREVIOUS MEETING MINUTES: A motion was made, seconded and carried to approve the March 10, 2017 minutes as amended. Mary Morissette and Wendy Amann abstained. There were no items to be posted as reference information on the Board Opinions website pages.

IV.

REPORTS: Program Director Report Program Director Joyce Young informed the Board of the following: •

Presentation at the University of Colorado with Brian Robertson on April 6, 2017.

Board Member Report Mary Morissette gave a summary on the NCARB Regional Summit Meeting held March 10-11, 2017 in Jersey City, New Jersey.

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V.

NEW BUSINESS: Complaint 2017-689 – Jeffrey Halferty, Unlicensed This complaint, from a confidential source, alleged Mr. Halferty was holding himself out and/or offering to practice architecture without a license. Mr. Halferty did not respond to the 30-day letter, and his letter was not returned to sender. After discussion, a motion was made, seconded and carried to issue a Cease and Desist Order and refer to the Office of Investigations. Complaint 2017-748 – John E. Mower, PLS This complaint alleged Mr. Mower displays a pattern of not sufficiently researching the records of previous surveys, of not performing field work to find existing physical evidence prior to performing his own surveys, and of not diligently filing monument records. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaint 2017-454 – F. Daniel Muldoon, ARC At the January 2017 meeting, the Board reviewed Mr. Muldoon’s less than two-year reinstatement application where he answered yes to having offered to practice and/or practiced as an Architect in Colorado since his license expired as well as yes to screening question #6. At that time the Board initiated a complaint against Mr. Muldoon and requested he provide supporting documentation as to why he does not feel he practiced in violation of the law, including supervising responsible control architects. Mr. Muldoon responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaint 2017-343 – Andrew J. Rockmore, ARC At the January 13, 2017 meeting, the Board reviewed Mr. Rockmore’s Architect Report of Malpractice Settlement or Judgment that alleged substandard practice on the architectural design services for a mixed-use development project in Denver. At that time, the Board initiated a complaint and requested that he respond to your concerns. Mr. Rockmore responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaint 2016-6087 – Shick Solutions, Unlicensed This anonymous complaint alleged a company in Missouri practiced engineering in Colorado without a licensed Colorado Professional Engineer in responsible charge. Shick Solutions did not responded to the 30-day letter, and their letter was not returned to sender. After discussion, a motion was made, seconded and carried to reissue the 30-day letter and send it through the United States Postal Service. Complaint 2017-247 – Martin D. Shields, PE This complaint alleged Mr. Shields submitted an engineering report which fraudulently shows hail damage to the membrane roof of a building in Englewood. Mr. Shields 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 – Arben F. Kalaveshi, PE This claim alleged substandard practice on the geotechnical engineering study, shoring design and construction observations for the demolition of an old residence in Denver. Ned 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 – Larry W. King, ARC This claim alleged substandard practice on an interior renovation project for the Guaranty Bank Building in Denver. Ned 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. In addition the Board voted to initiate a complaint against Edward Farr for unlicensed practice. Report of Settlement or Judgment – Jeffrey L. Sheppard, PE This claim alleged substandard practice on the architectural services for an addition and remodeling project for a restaurant in Centennial. Ned 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 – Richard L. Vonluhrte, ARC This claim alleged substandard practice on the architectural services and retention of the design team for the RTD Olde Towne Transit Hub in Arvada. Mary Morissette recused herself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to take no action.

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Report of Settlement or Judgment – Mark F. Bishop, PE This claim alleged substandard practice on the civil engineering design services for the RTD Old Towne Transit Hub in Arvada. Mary Morissette recused herself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to take no action. VI.

OLD BUSINESS: Compliance with Board Order 2014-2702 – Michael J. Langhorne, PLS Mr. Langhorne entered into a Stipulation and Final Agency Order with the Board effective January 19, 2017. Mr. Langhorne submitted the remedial work required pursuant to paragraph 39(c) of his Order. After discussion, a motion was made, seconded and carried to table this matter to have the remedial work corrected within 30 days. Tabled Complaint 2016-5741 – James T. Hagman, ARC At the January 2017 meeting, the Board reviewed this complaint that alleged Mr. Hagman did not complete the required Architect Continuing Education (CE). At that time, the Board tabled action and requested Mr. Hagman provide additional information for review. Mr. Hagman responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Tabled Settlement or Judgment – Michael K. Russell, PE At the May 13, 2016 meeting, the Board reviewed this claim that alleged substandard practice on the civil engineering services for a condominium project in Durango. Brian Robertson recused himself and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to take no action.

VII.

PRESENTATION: Engineering 101 Presentation – Peter Monroe, PE Peter Monroe, Professional Engineer and former Board member, provided a training presentation on the baseline understanding of the engineering profession to assist the non-PE Board members to review engineering issues. 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. 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:

April 14, 2017

Licensee Name: License Type & Number: Date License Expired: Board Decision:

Bruce V. Boan, PE Professional Engineer # 45213 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:

Andrea D. Gosselin, PE Professional Engineer # 34239 February 29, 2004 A motion was made, seconded and carried to reinstate this license by consensus.

Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes

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Licensee Name: License Type & Number: Date License Expired: Board Decision:

Clete J. Saunier, PE Professional Engineer # 30355 March 1, 1997 A motion was made, seconded and carried to reinstate this license by consensus.

Licensee Name: License Type & Number: Date License Expired: Board Decision:

Ryan D. Tyler, PE Professional Engineer # 39412 June 30, 2009 A motion was made, seconded and carried to reinstate this license.

Licensee Name: License Type & Number: Date License Expired: Board Decision:

Richard J. Walls, PE Professional Engineer # 35445 September 30, 2010 A motion was made, seconded and carried to reinstate this license by consensus.

Licensee Name: License Type & Number: Date License Expired: Board Decision:

Michael S. Moore, PE Professional Engineer # 47854 October 31, 2013 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 (03/10/17 – 04/13/17) Number of Applications Approved for Examination:

7 2

Number of Applicants Interviewed at this Meeting:

45

Number of Applicants Licensed as an Architect:

127

Number of Applicants Licensed as a Professional Engineer:

7

Number of Applicants Licensed as a Professional Land Surveyor: Total Number Licensed:

179

Architect license numbers 404747 through 404791 were issued. Professional Engineer license numbers 52099 through 52225 were issued. Professional Land Surveyor license numbers 38549 through 38555 were issued. (Board decisions are recorded in each Applicant’s file and in the Board Applicant Database System)

VIII. EXECUTIVE SESSION I – Examination Issues: At 1:58 p.m., a motion was made, seconded and carried unanimously to enter into executive session for the purpose of discussing examinations administered by the Board for licensure, information which is required to be kept confidential pursuant to § 24-72-204(2)(a)(II), C.R.S. At 2:20 p.m. the Board’s discussion in executive session concluded and the Board returned to open session.

Daniel J. Swallow, Chair

April 14, 2017

Date: May 12, 2017

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IX.

EXECUTIVE SESSION II - Disciplinary Issues: At 2:21 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 2:41 p.m. the Board’s discussion in executive session concluded and the Board returned to open session.

Daniel J. Swallow, Chair

X.

Date: May 12, 2017

GENERAL BUSINESS: Consideration of Proposed Policy – Foreign Experience At the January 2017 meeting, the Board reviewed Board Rules 4.6.1.10 and 4.6.2.5 in relation to enrollment as an Engineer Intern and Land Surveyor Intern. At that time, it was the consensus of the Board that these rules could be made more clear and directed Staff to draft a policy to clarify the Board’s intent until future Rulemaking. A motion was made, second and carried to adopt Board Rules 4.6.1.10 and 4.6.2.5 as written. Discussion Regarding Combined NCEES Western/Central Zone Meeting Joyce Young gave an update on the Zone meeting being held May 18-20, 2017. Wendy Amann will lead the Pledge of Allegiance. Jared Minter offered to find someone to provide the invocation. 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. NCARB ITEMS - FYI The Board reviewed NCARB items and took no action. ADJOURNMENT: There being no further business, the meeting was adjourned at 2:50 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

April 14, 2017

Date: May 12, 2017

Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes

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