RECORD OF PROCEEDINGS A meeting of the Colorado Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors was held Friday, September 8, 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 9:01 a.m.
II.
RECOGNITION OF MEMBERS: MEMBERS PRESENT Daniel J. Swallow
Chair
Wendy L. Amann
PE
Member
William G. Buntrock
PLS
Member
Catherine H. Dunn
ARC
Member
Neville F. Gaines
PE
Member (arrived at 12:33 p.m. and departed at 12:36 p.m.)
Narender Kumar
PE
Member
Deborah N. Maestas Kelly L. Miller
Member PLS
Phyllis J. Widhalm
Member Member
MEMBERS ABSENT Mary M. Morissette
ARC
Vice Chair
Brian G. Robertson
PE
Secretary
Earl F. Henderson
PLS
Member
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
Dennis Rhodes
Office of Expedited Settlement
APPROVAL OF PREVIOUS MEETING MINUTES: A motion was made, seconded and carried to approve the August 11, 2017 minutes as amended.
IV.
REPORTS: Program Director Report Program Director Joyce Young informed the Board of the following: •
The Board will have the ability to webcast future meetings.
NCEES Annual Meeting Report •
Joyce Young and Board member Wendy Amann gave a report on the NCEES Annual Meeting held in Miami Beach, Florida, August 23-26, 2017.
September 8, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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V.
NEW BUSINESS: Complaint 2017-4517 – James C. Hambright, III, ARC A search of the NCARB database revealed disciplinary action against Mr. Hambright’s Alabama license. Staff initiated a complaint based on Policy 70.4.15, and a 30-day letter was sent. Mr. Hambright responded. After discussion, a motion was made, seconded and carried to issue a Letter of Admonition. Complaint 2017-4545– Phillip C. Pecord, ARC A search of the NCARB database revealed disciplinary action against Mr. Pecord’s Mississippi and Alabama licenses. Staff initiated a complaint based on Policy 70.4.15, and a 30-day letter was sent. Mr. Pecord responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaint 2017-3881 – Street H. Schellhase, PE Mr. Schellhase self-reported disciplinary action taken against his Wyoming license. Based on the Wyoming’s disciplinary documentation and Policy 70.4.15, Staff initiated a complaint and a 30-day letter was sent. Mr. Schellhase responded. After discussion, a motion was made, seconded and carried to refer this matter to the Office of Expedited Settlement. Complaint 2017-3884 – Kevin A. Tone, PE This complaint alleged Mr. Tone did not give truthful testimony regarding one of the projects in a hearing in Boulder District Court. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2017-3890 – Rebecca A. Watt, PE Ms. Watt self-reported disciplinary action taken against her Texas License. Based on the Texas disciplinary documentation and Policy 70.4.15, Staff initiated a complaint and a 30-day letter was sent. Ms. Watts’ attorney responded. After discussion, a motion was made, seconded and carried to dismiss this complaint for lack of apparent license law violation. Complaint 2017-4519 - Jan C. Willemse, ARC A search of the NCARB database revealed disciplinary action against Mr. Willemse’s Oregon license. Staff initiated a complaint based on Policy 70.4.15, and a 30-day letter was sent. Mr. Willemse responded. After discussion, a motion was made, seconded and carried to issue a Letter of Admonition. Report of Settlement or Judgment – Randall D. Hency, PLS This claim alleged substandard practice on the Improvement Location Certificate for a home in El Paso County. After discussion, a motion was made, seconded and carried to take no action. After further discussion, a motion was made, seconded and carried to initiate a complaint based on the Meridian Ranch Filing No. 8A plat.
VI.
OLD BUSINESS: Consideration of Gold King Mine Documents At the August 2017 meeting, the Board reviewed items related to the Gold King Mine Spill. At that time the Board requested that the documentation be provided at this meeting to allow the Board to determine if any licensed professional engineers or unlicensed engineers should be investigated. 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.
September 8, 2017
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:
John I. Roberts, ARC Architect # 400665 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:
Thomas P. Bacus, PE Professional Engineer # 34296 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:
Frank E. Foran, PE Professional Engineer # 31849 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:
Thomas C. Pickering, PE Professional Engineer # 34430 March 31, 2004 A motion was made, seconded and carried to reinstate this license by consensus.
Licensee Name: License Type & Number: Date License Expired: Board Decision:
Christine A. Whitco, PE Professional Engineer # 37746 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:
Brian C. Schaller, PE Professional Engineer # 39702 October 31, 2013 A motion was made, seconded and carried to reinstate this license.
Report of Applications Reviewed and Applicants Licensed (08/11/17 – 09/07/17) Number of Applications Approved for Examination:
2 1
Number of Applicants Interviewed at this Meeting:
23
Number of Applicants Licensed as an Architect:
109
Number of Applicants Licensed as a Professional Engineer:
2
Number of Applicants Licensed as a Professional Land Surveyor: Total Number Licensed:
134
Architect license numbers 405002 through 405025 were issued. Professional Engineer license numbers 52831 through 52940 were issued. Professional Land Surveyor license numbers 38569 through 38570 were issued. (Board decisions are recorded in each Applicant’s file and in the Board Applicant Database System)
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Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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VII.
EXECUTIVE SESSION - Disciplinary Issues: At 12:34 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 1:00 p.m. the Board’s discussion in executive session concluded and the Board returned to open session. Daniel J. Swallow, Chair
Date: October 13, 2017
VIII. ACTIONS SUBSEQUENT TO EXECUTIVE SESSION: Complaint 2016-3729 - Nicholas “Nick” Bianco, Unlicensed The Board considered a Report of Investigation in this matter. After discussion, a motion was made, seconded and carried to issue a Cease and Desist Order to Mr. Bianco and to initiate a complaint against Park and Restroom Structures, Inc. and include the company in the Cease and Desist Order. IX.
GENERAL BUSINESS: Consideration of Experience Instructions Modifications The Board reviewed suggested recommendations for the licensing application experience instructions and forms. The Board agreed with each item and requested Staff to provide an updated version at the next meeting. 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 1:18 p.m. th
These minutes were approved by the Board on this 13 day of October 2017. For the Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors
Daniel J. Swallow, Chair
September 8, 2017
Date: October 13, 2017
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Meeting Minutes
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