IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 12/11/2008

 

 

 

BOARD MEMBERS PRESENT:  Paul Jensen - Chair

                                                             Stanley A. Cole

                                                             Nicholas Latham

                                                             Shelly Servick

                                                             D. Nels Reese

 

 

BOARD MEMBERS ABSENT:    Steven C. Turney

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            James Stoll, Administrative Attorney

                                                            Marcie McGinty, Appeals Hearing Coordinator

                                                            Dave Hotchkiss, Investigations Coordinator

                                                            Mike Gilmore, Deputy Attorney General

                                                            Maria Brown, Technical Records Specialist

 

OTHERS PRESENT:                     Stephen Goodmansen

                                                            Theresa Boyer

                                                            Robert Wuest

                                                            Ed Wagner

                                                            Paul Aston

                                                            Dan Hunter

                                                            John Saffeels

                                                           

                                   

Meeting was called to order at 9:00 AM MST by Paul Jensen.
 

APPROVAL OF MINUTES

 

The Board reviewed the 9/5/2008 minutes.

 

It was moved by Mr. Cole to approve the 9/5/2008 minutes as written. Seconded by Ms. Servick, motion carried.

 

FORMAL DISCIPLINARY ACTION

 

Mr. Gilmore presented a memorandum for case ARC-2007-7. Ms. Servick recused herself from any discussion or action. After review the Board presented their recommendations to the Office of the Attorney General.

 

Mr. Gilmore discussed the Board’s options for prosecuting individuals practicing architecture without a license. If an individual is practicing architecture without a license, a complaint should be filed with the Bureau of Occupational Licenses. The Bureau of Occupational Licenses will send a cease and desist letter to the individual, and may then refer the case to the local prosecutor.

 

FORMAL DISCIPLINARY ACTION

 

Ms. McGinty presented the Board two CEU Settlement Orders for ARC-2009-3 and ARC-2009-4.

 

It was moved by Mr. Latham to accept the CEU Settlement Order for ARC-2009-3 and ARC-2009-4 and authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Cole, motion carried.

 

The Board would like two tiers of discipline for non-compliance of continuing education. If the audit finds no education taken during the audit period, the following discipline may be imposed: $250.00 fine, costs, completion of the missing education, probation for two years and submission of completion certificates with each renewal for two years. If the audit finds education was taken, but does not meet the current requirement, the following discipline may be imposed: $150.00 fine, costs, completion of the missing education, and submission of completion certificates with each renewal for two years.

 

INVESTIGATIVE REPORT

 

Mr. Hotchkiss presented the investigative report.

 

Fiscal Year 2009 (to date)

 
          Total Complaints received
          
(Including 21 CE audit files.)
27
Status:  
Pending Office of the Attorney General 2
Closed following disciplinary action 1
Pending IBOL disciplinary action 5
Remaining under investigation  11
Awaiting Board determination 8
   

Fiscal Year 2008

 
          Total Complaints received 11
Status:  
Closed by Board action 5
Closed following disciplinary action 1
Pending Office of the Attorney General 3
Remaining under investigation 1
Awaiting Board determination  1
   

Fiscal Year 2007

 
          Total Complaints received 6
Status:  
Closed by Board action 2
Closed following disciplinary action 2
Pending Office of the Attorney General 2

 

For Board Determination:  

 

I-ARC-2008-3 C alleged that R is advertising as a builder/architect in the local paper and on R's website. Cert response letter sent requesting response.  Received response.  R stated that the ad in the paper was a mistake by the paper and further research of R website revealed that the website has been changed and shows no reference to being an architect.  IBOL recommends the board authorize closure. The board recommended that this case be sent to an INV with the following directions:  Discover from area building officials if they have received plans for R's projects: obtain copies and have local Board member review to determine if R is practicing as an unlicensed ARC; and contact R and discuss the newspaper article regarding the reference to "architect" (the ad reads "Architectural & Construction Experts"), and the web site which identifies R as an "architect / builder." INV revealed no evidence that R ever filed any plans or performed architectural work in Idaho. R has moved out of the area and closed the business.  IBOL recommends the Board authorize closure. Ms. Servick recused herself from any discussion or action. 

 

Case number I-ARC-2008-3: Following review, it was moved by Mr. Cole to accept the Bureau’s recommendation for closure with a cease and desist letter sent to the respondent. Seconded by Mr. Latham, motion carried.

 

I-ARC-2009-8 R failed to respond to the CE Audit. IBOL recommends the Board authorize closure as CE will be required for reinstatement. Record shows that license is cancelled.  

 

Case number I-ARC-2009-8: Following review, it was moved by Ms. Servick to accept the Bureau’s recommendation for closure. Seconded by Mr. Latham, motion carried.

 

I-ARC-2009-9/10/12/13/15/16/17 R failed to respond to the CE Audit. Documentation was subsequently received confirming that R had met the CE requirement. IBOL recommends the Board authorize closure.

 

Case number I-ARC-2009-9, 10, 12,13,15,16 and17: Following review, it was moved by Mr. Cole to accept the Bureau’s recommendation for closure. Seconded by Mr. Reese, motion carried.

 

PROPOSED RULE

 

The Board discussed a proposed rule defining architect of record. Counsel will review the architect of record language with the existing law and bring the findings back to the Board during the February Board meeting.

 

NEW BUSINESS

 

The Board reviewed an e-mail from Mr. Bob Ankersmit regarding the Licensed Architect’s Seal.

 

It was moved by Mr. Cole to direct counsel to respond to Mr. Ankersmit outlining the difference between Idaho Code 54-308 and 54-309. Seconded by Mr. Reese, motion carried.

 

Mr. Wuest, building official for the City of Hayden, addressed the Board regarding proposed legislation to change Idaho Code section 39-4109. Also present were Mr. Wagner, Mr. Aston, Mr. Hunter, and Mr. Saffeels.

 

The Board stated they would review the proposed change and they may send a letter of recommendation to the Architecture and Infrastructure Committee.

 

The Board reviewed the meeting minutes from the 10/27/2008 Architect – Engineer Practice Delineations meeting. There will be further discussions between the Boards.

 

It was moved by Mr. Cole to authorize Mr. Jensen and Mr. Latham to continue meeting with the Board of Engineers to pursue clarifying architect – engineer practice delineations. Seconded by Mr. Latham, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the legislative report. The Board reviewed the revised legislation.

 

It was moved by Mr. Cole to approve the revised legislation and post it to the website. Seconded by Mr. Latham, motion carried.

 

FINANCIAL REPORT

 

Ms. Cory presented the financial report, which indicates a cash balance of $166,969.10 as of 11/30/2008. The Board was made aware of holdbacks within agencies.

 

OLD BUSINESS

           

The Board discussed the 2009 Idaho Association of Building Officials conference.

 

It was moved by Mr. Latham to send Mr. Jensen and Ms. Servick to the upcoming 2009 IDABO Joint Meeting and pay their expenses and fees. Seconded by Mr. Cole, motion carried.

 

NEW BUSINESS

 

The Board reviewed the Western Conference of Architectural Registration Boards invoice.

 

It was moved by Mr. Latham to approve paying the WCARB invoice of $4000.00. Seconded by Mr. Cole, motion carried.

 

The Board discussed attending the 2009 WCARB conference in Salt Lake City, Utah.

 

It was moved by Mr. Cole to approve sending the Board and the Board secretary, Maria Brown, to the 2009 WCARB meeting in Salt Lake City, Utah and to pay their expenses and registration fees. Seconded by Mr. Latham, motion carried.

 

EXECUTIVE SESSION

 

It was moved by Mr. Latham that the Board enter executive session to review applications which are exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Seconded by Mr. Cole. Ayes were: Mr. Jensen, Ms. Servick, Mr. Latham, and Mr. Cole, motion carried.

 

It was moved by Mr. Latham that the Board enter regular session. Seconded by Mr. Cole. Ayes were: Mr. Jensen, Ms. Servick, Mr. Latham, and Mr. Cole, motion carried.

 

It was moved by Mr. Latham to approve Mr. Goodmansen’s application for examination subject to experience clarification from NCARB. Seconded by Mr. Reese, motion carried.

 

EXECUTIVE SESSION

 

It was moved by Ms. Servick that the Board enter executive session to review applications which are exempt from public disclosure per Idaho Code 67-2345 (1) (d).  Seconded by Mr. Cole. Ayes were: Mr. Jensen, Ms. Servick, Mr. Latham, and Mr. Cole, motion carried.

 

It was moved by Ms. Servick that the Board enter regular session. Seconded by Mr. Cole. Ayes were: Mr. Jensen, Ms. Servick, Mr. Latham, and Mr. Cole, motion carried.

 

It was moved by Mr. Latham to amend Ms. Boyer’s approval for examination to include the following two ARE exams: Building Technology and Building Planning. Seconded by Mr. Reese, motion carried.

 

CE REINSTATEMENT AUDIT

 

The Board reviewed continuing education reinstatement audits.

 

APPLICATIONS

 

Moved by Mr. Latham to approve the following applicants for licensure:  

 

           

            BEATTIE MORRELL K

            AR-985024

            BEIER BARBARA

            AR-985034

            BLANSKI WILLIAM ANTHONY

            AR-985026

            BOOZE RODNEY LOMAX 

            AR-985030

            BROSA BRENDA LEANNE

            AR-985027

            CALLAN GENE

            AR-985059

            CIRILLO STEPHEN THOMAS

            AR-985018

            COLE JODY PATRICK

            AR-985052

            CURRIN BELINDA C

            AR-985025

            CUTBERTH JEFFEREY L

            AR-985031

            DAVIS JOHN CLAUDE

            AR-985003

            DIXON DAVID J

            AR-985046

            EGGERS DONALD WAYNE

            AR-985065

            EITMAN DANIEL JEFFREY

            AR-985086

            EVANS PAUL ANTHONY

            AR-985032

            FILLIUNG JAMES JOHN

            AR-985056

            FITZPATRICK SEAN MICHAEL

            AR-985023

            FRANKLIN MATTHEW C

            AR-984487

            FRIES MICHAEL THOMAS

            AR-985040

            GEHRING OTTO

            AR-985045

            GOBLE CHRISTOPHER B

            AR-985041

            GORMAN MICHAEL R

            AR-985066

            HATCH BRENT D

            AR-985064

            HENDRICKS MARTHA JANE

            AR-985028

            HRUBY DANIEL JOSEPH

            AR-984983

            HYMAN DAVID THOMAS

            AR-985061

            KONTZ D EDWARD

            AR-985057

            KUHN CHRISTIAN W 

            AR-985055

            LOCKENBACH DON ALLEN 

            AR-984916

            MANSFIELD STEVEN RULON

            AR-985021

            MARLETTE RONALD GENE

            AR-984947

            MICKOW JOHN M

            AR-985048

            MITCHELL DOUGLAS

            AR-984959

            MURPHY KENNETH JAMES

            AR-985051

            PEIFFER JONATHAN LOZIER

            AR-985063

            PETERSON STEVEN JAMES

            AR-985022

            PRICE KEITH

            AR-985083

            RATZ KURT TYLER

            AR-984975

            REMIGER VERNON J

            AR-985019

            SARTAIN RODNEY LAMAR

            AR-985085

            SCONZO ANTHONY

            AR-984911

            SHUE GREGORY TODD

            AR-985054

            SKIRBST PETER H

            AR-985050

            STOFFEL CRAIG ALLEN

            AR-985053

            STONE AARON WILLIAM

            AR-985068

            TOLLESHAUG RICK B

            AR-985036

            WALKER ALEXANDER C

            AR-985037

            YUAN DAVID

            AR-985075

 

 Seconded by Ms. Servick, motion carried.

 

 Moved by Mr. Latham to approve the following applicants for examination: 

   

ESSER GUY ROBERT

 AR

GOODMANSEN STEPHEN DANIEL

 AR

RUSSELL THOMAS PAUL

 AR

SCHWARTZ JUSTIN

 AR

TEBEAU DON ROBERT

 AR

THACKRAY MATTHEW A

 AR

WILSON MICHAEL GROVER

 AR

 

 Seconded by Ms. Servick, motion carried.

 

NEXT MEETING 2/12/2009

 

ADJOURNMENT

 

It was moved by Mr. Cole that the meeting adjourn at 4:45 PM MDT. Seconded by Mr. Latham, motion carried.