RECORD OF PROCEEDINGS A meeting of the Colorado Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors was held Friday, May 12, 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
Neville F. Gaines
PE
Member
Michael M. Greer
PLS
Member
Earl F. Henderson
PLS
Member
Narender Kumar
PE
Member
Deborah N. Maestas Kelly L. Miller
Member PLS
Phyllis J. Widhalm
Member Member
MEMBERS ABSENT 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
Cristel Shepherd, Esq.
Assistant Attorney General
Dennis Rhodes
Office of Expedited Settlement
APPROVAL OF PREVIOUS MEETING MINUTES: A motion was made, seconded and carried to approve the April 14, 2017 minutes as amended. Deborah Maestas 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 Central Chapter of the PLSC with Michael Greer on April 27, 2017.
•
Status of new Board member recruitment.
May 12, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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Survey Quorum Report Kelly Miller presented the Survey Quorum report to the Board from the morning’s meeting including three requests for opinion and discussion regarding an examination application needing clarification. After discussion, a motion was made, seconded and carried to accept the Survey Quorum report. V.
NEW BUSINESS: Complaint 2016-6410 – Dee A. Bird, PLS This anonymous complaint alleged substandard practice on an administrative lot line adjustment between two platted parcels in Castle Pines, Douglas County. Mr. Bird responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaint 2017-347– Dee A. Bird, PLS At the January 2017 meeting, the Board reviewed Complaint 2015-3823, that alleged a survey crew under Mr. Bird’s supervision entered the complainant’s property without notification to perform a survey for an adjacent property. At that time, the Board dismissed the complaint for lack of an apparent license law violation and initiated a new complaint to request that Mr. Bird respond to the Board’s concerns. Mr. Bird responded. This matter was combined with the previous item and referred to the Office of Expedited Settlement. Complaint 2017-1250 – Jeffory Crane, Unlicensed This complaint alleged Mr. Crane practiced engineering without a licensed Colorado Professional Engineer in responsible charge. Mr. Crane and his attorney responded. After discussion, a motion was made, seconded and carried to initiate a complaint against Julie Ash, PE and refer this matter to the Office of Investigations for an expert review. Complaint 2017-2101 – Deborah A. Fisher, PE This complaint alleged substandard practice on an engineering report prepared for a defendant in a small claims court case. Ms. Fisher responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2017-1537 – Thomas M. Jarmon, ARC At the March 2017 meeting, the Board reviewed Mr. Jarmon’s Architect Report of Malpractice Settlement or Judgment that alleged substandard practice on the professional design services for a townhomes project in Steamboat Springs. At that time, the Board initiated a complaint to request additional information. Mr. Jarmon 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 2017-890 – Jeffrey G. Halverson, PLS At the February 2017 meeting, the Board reviewed an Office of Investigations report regarding Manhard Consulting. At that time, the Board tabled action and initiated this complaint to determine responsibility. Mr. Halverson responded. After discussion, a motion was made, seconded and carried to table discussion pending discussion of the complaint against Manhard Consulting in Executive Session. Complaint 2017-891 – James M. Roake, PLS At the February 2017 meeting, the Board reviewed an Office of Investigations report regarding Manhard Consulting. At that time, the Board tabled action and initiated this complaint to determine responsibility. Mr. Roake responded. After discussion, a motion was made, seconded and carried to table discussion pending discussion of the complaint against Manhard Consulting in Executive Session. Complaint 2017-889 – Glen J. Stice, Unlicensed PLS At the February 2017 meeting, the Board reviewed an Office of Investigations report regarding Manhard Consulting. At that time, the Board tabled action and initiated this complaint to determine responsibility. Mr. Stice responded. After discussion, a motion was made, seconded and carried to table discussion pending discussion of the complaint against Manhard Consulting in Executive Session.
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Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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Complaint 2017-1695 – John E. Mower, PLS This complaint alleged Mr. Mower failed to deposit a plat for a monumented land survey performed in La Plata County in 2009. Mr. Mower responded. After discussion, a motion was made, seconded carried to refer this matter to the Office of Expedited Settlement to be combined with complaint 2017-748 that was referred at the April 2017 meeting. Complaint 2017-1749 – Patrick W. O’Brien, PE This complaint alleged Mr. O’Brien prepared and applied his seal to an engineering report while his license was expired. Mr. O’Brien responded. A motion was made, seconded and carried to combine this complaint with Mr. O’Brien’s reinstatement application and refer the matter to the Office of Expedited Settlement with authorization for Staff to approve the reinstatement application subject to the applicant’s acceptance of a Letter of Admonition and a $1,500.00 fine. Complaint 2017-362 – Alex F. Orkow, ARC This complaint alleged Mr. Orkow failed to meet the generally accepted standards of the practice of architecture, specifically by allegedly treating a client in an unprofessional and unscrupulous manner. Mr. Orkow 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 – Gregory N. Lepetsos, PE This claim alleged substandard practice on the deck replacements for a set of townhomes in Lakewood. After discussion, a motion was made, seconded and carried to take no action. VI.
OLD BUSINESS: Compliance with Board Order 2013-1191 – Joseph D. Sundquist, PE AMI submitted the 7th Quarterly Report for the period January 1, 2017 through March 31, 2017, pursuant to the February 13, 2015 Stipulation. After discussion, a motion was made, seconded and carried to accept the report. Tabled Complaint 2016-5957 – Thomas L. Burnett, PLS At the February 2017 meeting, the Board reviewed Mr. Burnett’s response to this complaint. At that time, the Board tabled this matter to request additional information. Mr. Burnett responded. After discussion, a motion was made, seconded and carried to accept the remedial work and request Mr. Burnett to provide proof to the Board that the plat is deposited and to provide monument records with the noted changes. 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 and/or Retired Status The individuals listed below made a written request to the Board to reinstate their license(s) or request retired status. 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:
May 12, 2017
Jessica T. Frazier, ARC Architect # 400136 July 31, 2011 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:
Michael A. Norby, PE Professional Engineer # 38265 February 29, 2008 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Brett H. Reynolds. PE Professional Engineer # 41617 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:
Patrick W. O’Brien, PE Professional Engineer # 22284 January 31, 2010 See complaint item under New Business.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
R. Randal Vosbeck, ARC Architect # 304598 July 9, 2009 A motion was made, seconded and carried to waive the continuing education required for an active status and to approve for retired status.
Report of Applications Reviewed and Applicants Licensed (04/14/17 – 05/11/17) Number of Applications Approved for Examination:
10 1
Number of Applicants Interviewed at this Meeting: Number of Applicants Licensed as an Architect:
47
Number of Applicants Licensed as a Professional Engineer:
72 3
Number of Applicants Licensed as a Professional Land Surveyor: Total Number Licensed:
122
Architect license numbers 404792 through 404839 were issued. Professional Engineer license numbers 52226 through 52298 were issued. Professional Land Surveyor license numbers 38556 through 38558 were issued. (Board decisions are recorded in each Applicant’s file and in the Board Applicant Database System)
VII.
EXECUTIVE SESSION - Disciplinary Issues: At 1:54 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
Date: June 9, 2017
VIII. GENERAL BUSINESS: Architecture 101 Presentation – Kin DuBois, FAIA, ARC Kin DuBois, Architect and former Board member, provided a training presentation on the baseline understanding of the architecture profession to assist the non-architect Board members to review architecture issues. May 12, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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Reconsideration of the March 2017 Minutes for Correction A motion was made, seconded and carried to approve the minutes as revised. Presentation on Parschall Flumes –Tony Wahl, PE A presentation was made by Mr. Wahl and no action was taken. NCEES Joint Western/Central Zone Interim Meeting An update regarding the meeting was given including information on the NCEES Education Committee. 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 2:56 p.m. These minutes were approved by the Board on this 9th day of June 2017. For the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors
Daniel J. Swallow, Chair
May 12, 2017
Date: June 9, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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