RECORD OF PROCEEDINGS A meeting of the Colorado Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors was held Friday, June 9, 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 (departed at 10:47 a.m.)

Earl F. Henderson

PLS

Member

Narender Kumar

PE

Member

Jered Minter

ARC

Member

Kelly L. Miller

PLS

Member

Phyllis J. Widhalm

Member

MEMBERS ABSENT Deborah N. Maestas

Member

OTHERS PRESENT

III.

Joyce J. Young

Program Director

Christy L. Thomas

Program Manager

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 May 12, 2017 minutes as amended. 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: •

Status of new Board member appointments and reappointments.

•

Joyce Young, Kelly Dunn and Mary Morissette will attend the NCARB Annual Meeting in Boston, Massachusetts June 22-24, 2017.

•

An update was provided on the Rulemaking taskforce that will be utilized for each profession.

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

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•

Gary Thompson from the NCEES Board of Directors will attend the Board’s August meeting to give an update on NCEES activities.

NCEES Western Zone Meeting Report • V.

The Board shared their experiences from the meeting that was held in Denver, May 18-20, 2017.

NEW BUSINESS: Complaint 2017-2013 – Coggins Consultants, Unlicensed This anonymous complaint alleged the Respondent practiced engineering, including directing the work of other engineers, without a Colorado licensed professional engineer in responsible charge. Steven R. Coggins, Partner and Project Implementation Manager at the firm, provided a response. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2017-2683– Bryan L. Conkle, PE This complaint alleged Mr. Conkle failed to provide an engineering report for the basement of a home in Aurora after receiving payment. A written request was received from the Complainant to withdraw the complaint. The Complainant was informed that the Board assumed the role of Complainant and that Mr. Conkle was still required to submit a written response. Mr. Conkle responded and Ted Tapparo, owner of the firm Mr. Conkle was employed by at the time also provided a response on Mr. Conkle’s behalf. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2017-2304 – Edward A. Farr, Unlicensed At the April 2017 meeting, the Board reviewed a Report of Settlement or Judgment submitted by Larry W. King, ARC. At that time, the Board initiated a complaint against Mr. Farr, who was named in Mr. King’s report, requesting that he respond to the Board’s concerns. Mr. Farr 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 2017-1634 – Jonathan R. Lange, PLS This anonymous complaint alleged Mr. Lange prepared an Improvement Survey Plat which failed to meet the generally accepted standards of land surveying, specifically, that it appeared to be an Improvement Location Certificate. Mr. Lange responded. After discussion, a motion was made, seconded and carried to table further action and request additional information. Complaint 2017-1535 – Adele J. Willson, ARC At the March 2017 meeting, the Board reviewed a complaint against Margaret A. Kinsey, ARC. At that time, the Board initiated a complaint against Ms. Willson, requesting that she respond to the Board’s concerns. Ms. Willson and her attorneys responded. Mary Morissette and Jered Minter recused themselves and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Investigations. Report of Settlement or Judgment – Adele J. Willson, ARC Ms. Willson submitted an Architect Report of Malpractice Settlement or Judgment as part of her response to Complaint 2017-1535. Mary Morissette and Jered Minter recused themselves and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to table this matter until the Office of Investigations report is complete for complaint 2017-1535.

VI.

OLD BUSINESS: Request to Reopen Complaints – 2016-642 - Thomas A. Earles, PE – 2016-637 - David W. Foss, PE and 2016636 - Jonathan M. Kelly, PE At the March 2016 meeting, the Board reviewed these complaints that alleged substandard practice on the design of a water flume in Ridgeway. At that time, the Board dismissed the complaints finding no license law violation. The complainant submitted a request to reopen these complaints. After discussion, a motion was made, seconded and carried to deny the request to reopen these complaints.

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Tabled Complaint 2016-336 – Margaret A. (Peggy) Kinsey, ARC At the March 2017 meeting, the Board reviewed this complaint and Ms. Kinsey’s response. At that time, the Board tabled action on this matter to request that Ms. Kinsey respond to additional concerns. Ms. Kinsey responded. Mary Morissette and Jered Minter recused themselves and left the room during the discussion and vote. After discussion, a motion was made, seconded and carried to table this matter until the Office of Investigations report is complete for complaint 2017-1535. Tabled Complaint 2016-6087 – Shick Solutions, Unlicensed At the April 2017 meeting, the Board reviewed this anonymous complaint that alleged a company in Missouri practiced engineering in Colorado without a licensed Colorado Professional Engineer in responsible charge. Shick Solutions did not respond to the 30-day letter and, the letter was not returned to sender. At that time, the Board directed the 30 day letter be sent by U.S. mail. Blake Day, Chief Financial Officer responded for Shick Solutions. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. 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:

June 9, 2017

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

Craig H. Hoopes, ARC Architect # 306072 July 31, 2003 A motion was made, seconded and carried to reinstate this license by consensus.

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

Tracy J. Jordre, ARC Architect # 203536 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:

John L. Abrams, PE Professional Engineer # 42627 December 31, 2010 A motion was made, seconded and carried to reinstate this license by consensus.

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

David M. DeWig, PE Professional Engineer # 36239 January 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:

William H. Shepardson, PE Professional Engineer # 39445 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:

Levon H. Nishkian, PE Professional Engineer # 27781 October 31, 2013 A motion was made, seconded and carried to reinstate this license.

Report of Applications Reviewed and Applicants Licensed (05/12/17 – 06/08/17) Number of Applications Approved for Examination:

6 2

Number of Applicants Interviewed at this Meeting:

32

Number of Applicants Licensed as an Architect:

259

Number of Applicants Licensed as a Professional Engineer:

4

Number of Applicants Licensed as a Professional Land Surveyor: Total Number Licensed: Architect license numbers 404840 through 404871 were issued. Professional Engineer license numbers 52298 through 52557 were issued. Professional Land Surveyor license numbers 38559 through 38562 were issued. (Board decisions are recorded in each Applicant’s file and in the Board Applicant Database System) VII.

EXECUTIVE SESSION - Disciplinary Issues: At 2:47 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 2:55 p.m. the Board’s discussion in executive session concluded and the Board returned to open session. Daniel J. Swallow, Chair

Date: July 14, 2017

VIII. ACTIONS SUBSEQUENT TO EXECUTIVE SESSION: Complaint 2016-2640 – James G. Johnson, ARC The Board considered a Report of Investigation in this matter. Ned Kumar 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. IX.

GENERAL BUSINESS: Surveying 101 Presentation – JB Guyton, PLS J. B. Guyton, PLS, presented a training session that provided a baseline understanding of the land surveying profession to enable the non-PLS Board members to understand issues and agenda items outside of their expertise. Consideration of Courses for Disciplinary Action Requirements The Board reviewed and considered courses to be used as disciplinary action. After discussion the Board provided direction to accept all courses as presented.

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Consideration of Public Land Survey System Module for the PS Exam The Board reviewed information regarding the possibility of adding a Public Land Survey System (PLSS) module to the NCEES Principles and Practice of Land Surveying examination. The Board will address this issue in more detail at a future meeting. Request for Consideration – Possible License Law Violation At the April 10, 2017 meeting of the Colorado Passenger Tramway Safety Board (CPTSB), the CPTSB reviewed an investigation report. At that time, the CPSTB requested that the report be submitted to the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors for review and consideration of a possible license law violation of the Board’s practice act. After discussion, a motion was made, seconded and carried to take no action. 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 3:00 p.m. These minutes were approved by the Board on this 14th day of July 2017. For the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors

Daniel J. Swallow, Chair

June 9, 2017

Date: July 14, 2017

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

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