IDAHO BOARD OF ARCHITECTURAL EXAMINERS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 2/10/2011

 

 

 

BOARD MEMBERS PRESENT:   Steven C. Turney - Chair

                                                   Shelly Servick

                                                   D. Nels Reese

                                                   Paul Jensen

                                                   Peter Rockwell

                                                   Jay Wayne Cone

 

                                                 

 

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                  Dawn Hall, Administrative Support Manager

                                                  Lori Peel, Investigative Unit Manager

                                                  Karl Klein, Administrative Attorney

                                                  Eric Nelson, Prosecuting Attorney

                                                  Maria Brown, Technical Records Specialist

 

 

 

OTHERS PRESENT:                   Janice Stevanor Dale, IDEAL

                                                  Larry Benton, AIA

                                                  Ken Gallegos, AIA

                             

The meeting was called to order at 8:37 AM MST by Steven C. Turney.

 

APPROVAL OF MINUTES

 

The Board reviewed the 12/16/2010 minutes.

 

It was moved by Mr. Jensen to approve the 12/16/2010 minutes as written. Seconded by Mr. Reese, motion carried. 

 

LEGISLATIVE REPORT

 

Ms. Cory gave the legislative report. The Rule to allow an individual to take the Architect Registration Exam (ARE) while completing the Intern Development Program (IDP) was approved on February 1, 2011 and will go into effect when the current resolution on rules is signed.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report, which indicates a cash balance of $134,001.13 as of 1/31/2011.

 

FORMAL DISCIPLINARY ACTION

 

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

 

Mr. Turney recused himself from discussion and voting on case ARC-2009-19.

 

Ms. Peel asked Mr. Nelson to note on all future memorandums which Board members should recuse themselves if applicable. Mr. Nelson agreed.

 

It was moved by Mr. Rockwell to authorize the Chairman to work with the prosecutor to pursue an injunction against the respondent for case ARC-2009-19. Seconded by Mr. Jensen, motion carried.

 

Mr. Nelson presented a memorandum for case ARC-2011-1.

 

After review, the Board presented its recommendations.

 

NEW BUSINESS

 

Ms. Stevanor-Dale addressed the Board regarding proposed legislation to license interior designers. She stated that the purpose of meeting with the Board was to present the proposed legislation and to discuss with the Board its interest in a shared Board to regulate both the architectural and interior design industries. There was a discussion regarding the proposal. Mr. Klein stated that if the Board agreed to the request, the two acts would become one and the makeup of the Board would change to include interior designers. Mr. Burton with The American Institute of Architects addressed the Board and stated that he was in attendance to hear the dialogue about the licensure of interior designers and wasn’t ready to take a position on whether or not he supported the bill. Mr. Gallegos with The American Institute of Architects stated that it would be in Ms. Stevanor-Dale’s best interest to share the legislative draft of the bill with all of the stakeholders for comments before taking it to the Legislature. Ms. Stevanor-Dale offered to form a practice committee to work on the language of the bill and include the Chairman. She asked Ms. Hall to forward the contact information of the Board members willing to work with the committee to her. Ms. Hall agreed.

 

FORMAL DISCIPLINARY ACTION

 

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

 

After review, the Board presented its recommendations.

 

Mr. Nelson presented a memorandum for case ARC-2010-16.

 

After review, the Board presented its recommendations.

 

Mr. Nelson presented a memorandum for case ARC-2010-17.

 

After review, the Board presented its recommendations.

 

Mr. Nelson presented a memorandum for case ARC-2010-5.

 

It was moved by Mr. Rockwell to authorize closure for case ARC-2010-5. Seconded by Mr. Jensen, motion carried.

 

Mr. Nelson presented a memorandum for case ARC-2011-4.

 

After review, the Board presented its recommendations.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-ARC-2010-6 and I-ARC-2010-7 NOTE:  Board Member Servick should recuse herself from these cases.  C alleged R aided and abetted an unlicensed person in the practice of architecture.  In addition, after the project was completed, an ad was placed in the paper that identified the unlicensed person's company as the architect for the project.  Investigation revealed that R and the designer have a business partnership and share office space.  R informed the investigator that the designer mistakenly put the designer's company instead of R's company as the architect on the building permit application.  (The building permit correctly lists R as the contact person.)  R stated that he was involved in each and every step of the project from initial client meeting to completion.  Records provided by R show that R was present at every meeting with the client, and the contract was between R and the client.  The client informed the investigator that he consulted with the designer about the interior design of the building, but R was the point of contact for the building.  The client also stated that the advertising was the client's mistake and it was unintentional.  The documentation indicates that R maintained responsible control over the designer during the project; therefore, IBOL recommends that the Board authorize closure.

 

Ms. Servick recused herself from discussion and voting on case I-ARC-2010-6 and I-ARC-2010-7.

 

Case number I-ARC-2010-6 and I-ARC-2010-7:  Following review, it was moved by Mr. Rockwell to accept the Bureau’s recommendation for closure. Seconded by Mr. Reese, motion carried.

 

I-ARC-2011-2 In response to an audit request, R submitted documentation showing that he obtained 56 hours of approved CE outside the audit period.  R subsequently provided documentation showing that he obtained 13 HSW hours during the audit period.  IBOL recommends that the Board authorize closure.

 

Case number I-ARC-2011-2:  Following review, it was moved by Mr. Rockwell to accept the Bureau’s recommendation for closure. Seconded by Mr. Cone, motion carried.

 

I-ARC-2011-10 In response to an audit request, R submitted documentation showing that all but one hour of the CE obtained was outside the audit period.  R subsequently submitted documentation verifying 7 additional carryover hours to the audit period.  IBOL recommends that the Board authorize closure.

 

Case number I-ARC-2011-10:  Following review, it was moved by Mr. Rockwell to accept the Bureau’s recommendation for closure. Seconded by Mr. Cone, motion carried.

 

I-ARC-2011-11 In response to an audit request, R submitted documentation showing that all of the CE obtained was outside the audit period.  R subsequently submitted documentation verifying completion of 8 HSW hours during the audit period.  IBOL recommends that the Board authorize closure.

 

Case number I-ARC-2011-11:  Following review, it was moved by Mr. Rockwell to accept the Bureau’s recommendation for closure. Seconded by Mr. Cone, motion carried.

 

NEW BUSINESS

 

APPLICATIONS

 

Mr. Klein addressed the Board regarding the process for approving applications for licensure that have a blue cover NCARB Record, applications that have been approved by the board to take the ARE exam, and audits of continuing education.

 

It was moved by Ms. Servick to authorize its specialist, Ms. Brown, to approve and issue licenses for applications for licensure that have a blue cover NCARB Record, applications that have been approved by the board to take the ARE exam and have passed each of the divisions, and continuing education audits. Seconded by Mr. Jensen, motion carried.

 

OLD BUSINESS

 

TO DO LIST

 

The Board reviewed its to do list.

 

ANNUAL NEWSLETTER

 

The Board discussed the possibility of reintroducing its annual newsletter. Mr. Cone volunteered to work on updating the newsletter and will e-mail it once completed to the Ms. Brown to forward to the entire Board for review.

 

NEW BUSINESS

 

NCARB

 

Ms. Brown presented an update on her service to NCARB’s Member Board Executive Committee. The Board thanked her for her service and stated that it looks forward to her ongoing work with NCARB.

 

The Board reviewed NCARB’s Fast Facts. No action was taken.

         

EXECUTIVE SESSION

 

A motion was made by Mr. Jensen 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. Rockwell. The vote was: Ms. Servick, aye; Mr. Cone, aye; Mr. Turney, aye; Mr. Jensen, aye; Mr. Reese, aye; and Mr. Rockwell, aye. Motion carried.

 

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

 

APPLICATIONS

 

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

 

                    ERB LINDSAY                                      AR-984857

                    EVANS FRED L                                    AR-985323

                    ESPINOSA RICHARD ANTHONY AR-985336

                    PHILLIPS KEVIN CHARLES                  AR-985344

                    MACE MICHAEL J                                AR-985346

                    ROWLAND MARC STEPHEN                AR-985353

                    JENSEN CRAIG                                    AR-985355

                    SUTTON RICHARD D                           AR-985356

                    GIRARDIN BENJAMIN JAMES              AR-985357

                    RAMSAY JOHN E                                 AR-985358

                    SIMONSEN SOREN DAHL                    AR-985359

                    SCALES JOHN C                                  AR-985360

                    ROME JEFFREY LEE                           AR-985361

                    KENNEDY MARJORIE                          AR-985362

                    HOOFT ROBERT CRAIG                      AR-985365

                    LAMBERT MICHAEL ELDON                 AR-985368

Seconded by Mr. Rockwell, motion carried.

 

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

 

                    WALL JUSTIN LEE                    

Seconded by Mr. Rockwell, motion carried.

 

BOARD BUSINESS

 

It was moved by Mr. Jensen to approve Mr. Reese’s rental car in lieu of a hotel room for attending the Board meeting. Seconded by Mr. Rockwell, motion carried.

 

NEXT MEETING 4/27/2011

 

ADJOURNMENT

 

It was moved by Mr. Rockwell that the meeting adjourn at 2:30 PM MST. Seconded by Mr. Jensen, motion carried.