IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Board Meeting Minutes of 12/4/2009

 

 

 

BOARD MEMBERS PRESENT:  Shelly Servick - Chair

                                                             D. Nels Reese

                                                             Paul Jensen

                                                             Peter Rockwell

                                                             Steven C. Turney

                                                             Nicholas Latham

 

 

                                                           

 

BUREAU STAFF:                           Tana Cory, Bureau Chief

                                                            Lori Peel, Investigative Unit Manager

                                                            Karl Klein, Administrative Attorney

                                                            Mike Gilmore, Deputy Attorneys General

                                                            Maria Brown, Technical Records Specialist

 

 

                                   

The meeting was called to order at 9:00 AM MST by Shelly Servick.

 

 APPROVAL OF MINUTES

 

The Board reviewed the 9/18/2009 minutes.

 

It was moved by Mr. Latham to approve the 9/18/2009 minutes with amendments. Seconded by Mr. Turney.

 

LEGISLATIVE REPORT

 

Ms. Cory presented the Legislative Report. The proposed rule changes are available to view on the Board’s website.

 

It was moved by Mr. Turney to add the proposed Legislation to the Board’s website. Seconded by Mr. Rockwell, motion carried.

 

The Board is pleased with the new user friendly design of the website. The Board would like to know how many hits the website receives a day.

 

FINANCIALREPORT

 

Ms. Cory presented the financial report, which indicates a cash balance of $150,208.09 as of 11/30/2009.

 

FORMAL DISCIPLINARY ACTION

 

Mr. Gilmore presented a memorandum for case ARC-2010-2.

 

After review, the Board presented its recommendations to the Office of the Attorney General.

 

Mr. Gilmore presented a memorandum for case ARC-2009-19. 

 

After review, the Board agreed with the recommendations of the Office of the Attorney General.

 

CEU SETTLEMENT ORDERS

 

Ms. Peel asked the Board to amend the agenda to include case ARC-2010-12 due to the information that came in yesterday.

 

It was moved by Mr. Latham to amend the agenda to case ARC-2010-12 per Idaho Code 67-2343 (4) (c). The item was not placed on the agenda due to the information being received yesterday. Seconded by Mr. Turney, motion carried.

 

Ms. Peel presented a letter from Mr. R. Gary Glueck asking the Board to approve his submitted continuing education as health, safety, and welfare.

 

It was moved by Mr. Rockwell to approve Mr. Glueck’s request to count eight hours of health, safety, and welfare continuing education credit based on the documents submitted and authorize closure of the case. Seconded by Mr. Latham, motion carried.

 

Ms. Peel presented a CEU Settlement Order for case ARC-2010-1.

 

It was moved by Mr. Latham to approve the CEU Settlement Order for case ARC-2010-1 and to authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Turney, motion carried. Mr. Jensen opposed the motion.

 

Ms. Peel presented a CEU Settlement Order for case ARC-2010-3.

 

It was moved by Mr. Turney to approve the CEU Settlement Order for case ARC-2010-3 and to authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Jensen, motion carried.

 

Ms. Peel presented a CEU Settlement Order for case ARC-2010-4.

 

It was moved by Mr. Jensen to give an exemption based on Rule 450.06.d approving the CEU Settlement Order for case ARC-2010-4 with a letter explaining his option to surrender the license, or maintain his current license which would require that he submit proof of obtaining continuing education for the next two years and to authorize the Board Chair to sign on behalf of the Board. Seconded by Mr. Turney, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-ARC-2010-5 R obtained 2 hours of approved CE during the audit period, leaving a deficiency of 6 hours.  R subsequently provided documentation verifying appropriate CE hours during the audit period.  IBOL recommends the Board authorize closure.

 

Case number I-ARC-2010-5:  Following review, it was moved by Mr. Turney to accept the Bureau’s recommendation for closure. Seconded by Mr. Latham, motion carried.

 

I-ARC-2010-8 C alleged R is advertising as an architectural design company without a license.  R stated that she did not know that it was unlawful to use the term “architectural.”  R stated that she has removed the sign containing the word “architectural” and will not use it in the future.  R stated that she only consults on residential design and makes it clear to each client that she is not a licensed architect.  IBOL recommends the Board authorize closure with a warning letter to R.

 

Case number I-ARC-2010-8:  Following review, it was moved by Mr. Turney to accept the Bureau’s recommendation for closure. Seconded by Mr. Rockwell, motion carried.

 

TO DO LIST

 

The Board reviewed the to do list.

 

The Board would like to discuss a proposed rule change, replacing direct supervision with responsible control, during the June or July Board meeting.

 

Mr. Klein explained the legislative process.

 

The Board discussed firm registration. Mr. Klein recommended the Board review The National Counsel of Architectural Registration Boards model law compared to the State of Idaho’s current law.

 

Mr. Turney stated that he is still working on researching firm registration in other jurisdictions and will e-mail the Board secretary with his findings.

 

Ms. Cory asked the Board for direction regarding possible law and rule changes for 2011. The proposals need to be submitted by August 1, 2010.

 

The Board discussed their concern with unlicensed practice. Ms. Cory stated that the Board has the ability to send complaints to the prosecutor’s office. The Office of the Attorneys General has sent cease and desist letters to individuals who are practicing without a license. Ms. Cory also recommended Board members speak to their local legislators informing them of the concerns surrounding the architectural profession and what other states are doing to remedy the issues.

 

INCIDENTAL PRACTICE

 

The Board discussed incidental practice and the subcommittee which has been working to create an incidental practice document. Mr. Jensen and Mr. Latham attended an AIA meeting on October 2, 2009. Mr. Jensen stated that he was upset to learn that the Board had contacted Greg Allen, AIA President, in an apparent attempt to gain his opposition prior to his hearing of the proposal in full and by forwarding the incidental practice document to The National Counsel of Architectural Registration Boards for their comment. The Board discussed the fact that there was a previous vote to move the incidental practice document forward where the Board was in favor five to one. Ms. Servick explained that it was not her attempt to overstep, but to share information. She apologized if that was how it appeared. Mr. Klein explained the open meeting law and that the Board members are seen as representatives of the Board when they appear at professional gatherings. They must not speak for, or appear to speak for, the Board unless specifically authorized by the Board to do so. Mr. Jensen presented a typed motion that he drafted to elect a new Board effective immediately. The Board discussed the harshness of such a motion. The Board asked counsel if it had the authority to elect a new Board prior to the current term ending. Mr. Klein read Rule 100.01 to the Board which states, “At the last meeting of each year, the Board shall organize and elect from its members a Chairman and Vice Chairman, who shall assume the duties of their respective offices immediately upon such selection.” Mr. Klein stated that he was concerned that the Board does not have the authority to elect a new chairman before the current chairman’s term is up.

 

It was moved by Mr. Jensen to make a motion that, by roll call vote, the presently assembled Board elect a new chairperson which action shall be effective immediately.

 

The vote was Mr. Latham, yes; Mr. Jensen, yes; Mr. Rockwell, yes; Ms. Servick, no; Mr. Turney, no; Mr. Reese, no, motion failed.

 

It was moved by Mr. Jensen that the Board specifically ban the Chairman from taking any action or position as chairperson of the Idaho Architectural Licensing Board regarding the Incidental Practice Proposal during the process of presenting the proposal to various stakeholders. The Chairman shall represent the positions taken by the Board and not attempt to subvert those positions once debated and voted on. Seconded by Mr. Turney, motion carried.

 

Mr. Klein stated that a Board member can give their personal opinion outside of a Board meeting, but they should clarify that they are not acting on behalf of the Board.

 

The Board discussed the reimbursement for expenses of the Incidental Practice Subcommittee.

 

It was moved by Mr. Jensen that the Idaho Architectural Licensing Board approves reimbursement for necessary expenses involved in the ongoing work of the Subcommittee to continue meetings with the engineers, presenting the proposals to stakeholder groups, and presenting or testifying concerning the proposal in front of legislative groups or committees. Specifically, the motion shall include the expenses involved to include all activities through the end of December 2010 and as follows: travel per IBOL guidelines for up to three Board members to stakeholders or subcommittee meetings, printing of handout materials at a rate of $0.03 per sheet, travel for two Board members retroactively for the October 2, 2009 AIA meeting in Idaho Falls, hotel and meal expenses per IBOL rules for any necessary accommodations associated with subcommittee meetings, reimbursement or direct payment for facility charges, if necessary, in hosting meetings of stakeholders or subcommittee meetings. Seconded by Mr. Reese, motion carried.

 

NEW BUSINESS

 

Mr. Cory suggested inviting General Manning to the next Board meeting to discuss the role of Board members. The Board agreed.

 

OLD BUSINESS

           

The Board reviewed the revised renewal form.

 

It was moved by Mr. Turney to approve the revised renewal form with the removal of the requirements of documentation under questions five and six. Seconded by Mr. Latham, motion carried.

 

NEW BUSINESS

 

The Board addressed the Architects Magazine Article. The Board noted that the article may be misleading since it is noted that Idaho was not contacted. The Board’s discipline is listed on its website. The Board asked Mr. Cory to contact the magazine to let them know this information is available on the Board’s website and to contact us in the future if we can assist with information.

 

The Board reviewed the letter from Mr. Scott Olson who did not need a response from the Board, but wanted to make the Board aware of the difficulties involved in working with NCARB.

 

CE AUDIT

 

The Board reviewed the continuing education submitted for reinstatement of licenses.

 

WCARB DUES

 

The Board reviewed the FY2010 Western Conference of Architectural Registration Boards dues.

 

It was moved by Mr. Latham to pay the WCARB dues in the amount of $4000.00. Seconded by Mr. Reese, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Reese that the Board go into executive session under Idaho Code § 67-2345(1) (d) to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to consider license application materials. Seconded by Mr. Turney. The vote was: Mr. Reese, aye; Ms. Servick, aye; Mr. Latham, aye; and Mr. Turney, aye; Mr. Rockwell, aye. Motion carried.

 

It was moved by Mr. Latham that the Board enter regular session. Seconded by Mr. Reese. The vote was: Mr. Reese, aye; Ms. Servick, aye; Mr. Latham, aye; and Mr. Turney, aye; Mr. Rockwell, aye. Motion carried.

 

APPLICATIONS

 

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

 

                        AUGHTRY PASCAL ALAIN                        AR-985209

                        BIXLER MARK E                                          AR-985223

                        CANTLEY DAVID JOSEPH                        AR-985215

                        CRANDLEMIRE KAREN DESTINE           AR-985217

                        CUMMINGS MICHAEL ALAN                     AR-985203

                        GORE KEVIN C                                            AR-985204

                        GULICK EDWARD BROOKS                     AR-985220

                        HAFER W RANDALL                                  AR-985221

                        HAILEY JAMES ALLEN                              AR-985213

                        HARMON STEVEN S                                  AR-985228

                        HENRY RONALD R                                      AR-985208

                        MARTISON CHRISTOPHER RICHARD    AR-985227

                        MILAKOVICH MICHAEL G                          AR-985229

                        MOBLEY JAMES WYNNE                          AR-985212

                        ROHE ROBERT ANTHONY                        AR-985205

                        SPITZER MICHAEL                                     AR-985219

                        TESSAROLO DANIEL L                             AR-985210

                        WILSON DENNIS ROBERT                        AR-985225

                        WISEMAN WALTER KENNETH                AR-985214

Seconded by Mr. Reese, motion carried.

 

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

 

                        DONG JIA

                        FAIRCLOTH DARYLE RAY

                        MOYER-FARMER ANDREA DOMINIQUE

                        REISCH KEVIN LEE

                        YOUNG SKIPPER TAB

Seconded by Mr. Turney, motion carried.

 

CAR RENTAL

 

The Board discussed a car rental for Mr. Reese.

 

It was moved by Mr. Rockwell to approve the reimbursement of a car rental for Mr. Reese in lieu of not staying in a hotel. Seconded by Mr. Latham, motion carried.

 

PLAQUE

 

The Board discussed ordering a plaque for Mr. Latham thanking him for his years of service on the Board.

 

It was moved by Mr. Turney that the Board order a plaque for Mr. Latham to thank him for his service to the Board. Seconded by Mr. Reese, motion carried. 

 

NEXT MEETING 2/12/2010

 

ADJOURNMENT

 

It was moved by Mr. Rockwell that the meeting adjourn at 4:15 PM MDT. Seconded by Mr. Turney, motion carried.