Boise, Idaho 83702-5642
Minutes of September 19, 2007
ROLL CALL: William A Thompson-Chair
Victor Villegas, Board Member
Robert F. Hansen, Board Member
Richard Dees, Board Member
Michael N Schroeder, Board Member
Don Lee, DEQ Representative
ABSENT: Kevin M Pfenning, Board Member
BUREAU PRESENT: Tana Cory, Bureau Chief
Sandee Hitesman, Administrative Assistant II
Marcie McGinty, Investigations Coordinator
Roger Hales, Administrative Attorney
Mike Gilmore, Deputy Attorney General
OTHERS PRESENT: Jim Taylor, Applicant
John Shawcroft, Brown Environmental
Patricia Brown, Brown Environmental
Virgil Leedy, United Rural Water
The meeting was called to order at 9:00 a.m. by Chair, Bill Thompson.
Review the minutes from July 25, 2007. Motion made by Mr. Hansen to accept the minutes as written, seconded by Mr. Schroeder, motion carried.
New board member, Victor Villegas was welcomed to the board. Mr. Villegas noted that he is an attorney here in Boise. He is serving as the lay person on the board.
Ms. Cory gave the Legislative report. Ms. Cory introduced Marcie McGinty and Dave Hotchkiss with the Investigative Unit. Mr. Hotchkiss has recently joined the Bureau and will be the Complaint Manager for the Investigative Unit. Ms. McGinty is the Hearings and Appeals Technician.
Ms. Cory gave the financial report. This report is available on the website. As of 8/31/2007 the board has $99,037.58 appropriation with a cash balance of $354,264.72. You can click on “detail report” on the website to access a detailed financial report.
Ms. Cory gave the investigative report. There have been 3 complaints received for FY2008. Of these one (1) has been forwarded for legal review, and two (2) remain under investigation. There were 43 complaints received for FY2007: Forty (40) of those are noncompliance of continuing education. Two (2) complaints are closed following board determination, thirty one (31) forwarded for legal review, one (1) remains under investigation, and nine (9) await board determination.
FOR BOARD DETERMINATION
WWP-B6C-2007-14 & 15: Moved by Mr. Dees to close this case. Seconded by Mr. Schroeder, motion carried.
WWP-B6C-2-2007-30, 35, 36, 40, & 43: Moved by Mr. Hansen to close this case, seconded by Mr. Schroeder, motion carried.
WWP-B6C-2-2007-33: Moved by Mr. Hansen to close this case, seconded by Mr. Schroeder, motion carried.
WWP-B6C-2-2007-38: Moved by Mr. Schroeder to close this case, seconded by Mr. Lee, motion carried.
Deputy Attorney General, Mike Gilmore addressed the board regarding a memorandum for board review. Mr. Gilmore asked if these types of memorandums, non-CE compliance, should be brought before the board since they are all handled the same way. Board inquired on how the fine for this offense was established. Mr. Gilmore noted that they used this number from other Boards the Bureau administers. Board noted they felt the fine and attorney fees were a little steep. Mr. Villegas suggested having them sign the consent order stating they would get the required CE within 3-months, and if they did not, then the fines and attorney fees would go into affect. Board directed the Attorney Generals office to charge $250.00 cost and fees for a first offense, for a second offense, they would be charged a fine in addition to the costs.
FY2008 contract between the State of Idaho Board of Drinking Water and Wastewater Professionals and the State of Idaho Bureau of Occupational Licenses was reviewed. Board asked why administrative costs had gone up. Ms. Cory noted she would check with our financial unit and get back to the Chair regarding that increase.
CONTINUING EDUCATION APPLICATION DISCUSSION
Pat Brown, trainer for Drinking Water and Wastewater professionals with Brown Environmental addressed the board. Ms. Brown submitted copies of Oregon and Washington’s continuing education applications. These forms require course content and instructor information. You can combine conference courses on one application rather than an application for each course offered. Ms. Brown noted that one training institute decided not to apply for CEU credit in Idaho because the process was so difficult. Mr. Thompson noted that the board recognizes that there is a problem with conferences applying for credit. The board is required to review course content and instructor information, and at times are having a problem receiving this information from course providers. The Oregon board noted that their CE application is an example, and not required as long as all the information is submitted. The board asked why notaries were required on these applications. Mr. Hales noted that this was done because a notarized document shows that the person has sworn under oath regarding the accuracy of the document. Another reason is you have an independent person who verifies the identity of the person signing the form.
The board reviewed a proposed application for conferences submitted by the Bureau. Mr. Hales noted that this form could be used for providers that were putting on conferences for more than one day.
Question #15 was discussed by the board. Does the board need all of this information for any CE course submitted for approval. Course outline does need to be submitted, but CDs, videos, and list of any equipment may not need to be submitted.
Motion was made by Mr. Dee’s to modify the application to include the new form submitted by the Bureau except the omitance of question #13 and #15, and modify question #15 to state attach a copy of the course outline. A copy of all other training materials etc, must be maintained and submitted upon request. This would be for all CE requests, not just conferences. Seconded by Mr. Schroeder, motion carried.
Virgil Leedy, from United Rural Water addressed the board. Does each class have to reapply for CEU credit each time the class is offered? The board noted it only needs to be resubmitted once a year. They have had conferences that the instructor could not make, so the new instructor had to reapply. Mr. Thompson noted that if the instructor that was teaching the course had been approved for another course, but the topic is different and the instructor has not been approved to teach multiple courses, then they would need to apply. If the change has been made at the last minute, still submit the change to the Bureau with an application, and the board is willing to review this change, even if it is after the course has been taught. Mr. Hales noted that the board does have a rule that states CE applications must be submitted 30 days in advance. The board noted that they may want to discuss a rule change to change the 30-day deadline of submitting applications for CEU approval. Mr. Hales noted that the board may want to keep the 30-day deadline but add an emergency clause so CEU applications can be submitted in less than 30-day’s for emergency situations.
Jim Taylor to address the board regarding his application for Laboratory I license.
Motion by Mr. Dee’s to go into executive session to discuss applications for review exempt from public disclosure, seconded by Mr. Schroeder, motion carried.
Motion made by Mr. Dee’s to come out of executive session. Seconded by Mr. Hansen, motion carried.
Chair, Mr. Thompson called a 10 minute break at 10:40 a.m.
Meeting called back to order at 10:48 a.m.
DIPOLOMA/GED REQUIREMENTS FOR UPGRADES
Diploma/GED Requirements were discussed. Mr. Hales noted when a licensee wants to upgrade, they are subject to the current set of rules. The current set of rules states they must have a High School Diploma or GED. A rule change would need to be made if the board wants to change this so that upgrades do not need a High School diploma or GED.
The board noted that they do not want to make a rule change at this time.
License for Very Small Wastewater System was discussed. Could all licenses be combined into one or two licenses for the small systems? It was noted that this might not meet with EPA guidelines. DEQ would need to change their rules along with the State Drinking Water and Wastewater board. This combination license would incorporate very small drinking water and very small wastewater licenses. Licensees would need to know both sides of the license to qualify. The individual Very Small Water System license would still exist. Mr. Lee will research the impact with EPA to formulate a combination license. The board would like this item placed on the next agenda. DEQ will contact EPA regarding this issue. They will also discuss a financial change for those holding multiple licenses.
Ms. Cory noted that she needed a contact with DEQ to discuss the issue of PWS#s. Mr. Lee noted that he would be the contact.
On-line Exams was discussed. Ms. Cory and Ms. Miles met with the Department of Labor. They are willing to offer those exams in the evening. They offered to let the board use their Kiosks. There was an issue with the Boise exam, as sometimes there are more examinees than the rooms would hold. The exam could be spread out so the numbers are not so high. A proctor with the Department of Labor would be $35.00/hr. Ms. Cory and Ms. Miles will discuss with the Department of Labor and ABC regarding holding these exams. The board would also like to know where around the State the Department of Labor could hold these exams. Ms. Cory will research the comparison of the costs of the exams between the Board holding the exams, the Department of Labor and ABC. The board may also consider holding the exams once a month.
2008 EXAM DATES
2008 Exam dates were discussed.
Application Due Date Board Meeting Exam Date
January 9, 2008 January 23, 2008 March 5, 2008
March 12, 2008 April 15, 2008 May 28, 2008 BAT/OIT ONLY IN BOISE
May 14, 2008 June 14, 2008 July 23, 2008
June 11, 2008 July 2, 2008 August 13, 2008 BAT/OIT ONLY IN BOISE
August 27, 2008 September 17, 2008 November 5, 2008
January 7, 2009 January 28, 2009 March 18, 2009
Motion made by Mr. Dee’s to approve the proposed application due dates, board meeting dates, and exam dates for 2008. Seconded by Mr. Schroeder, motion carried.
Motion made by Mr. Hanson to break for lunch at 12:00 p.m. Seconded by Mr. Lee, motion carried.
Meeting reconvened at 1:05 p.m.
ABC Correspondence was discussed. The board reviewed the documentation submitted by ABC and completed the official ballot to be sent back to ABC. Mr. Villegas noted that it is never good when an organization wants to change their Executive Committee. An Executive Committee usually helps with making very important decisions related to the organization. It is very difficult to run a large organization without an Executive Committee. The board noted they are choosing to disapprove the deletion of the Executive Committee and the proposed bylaw amendments.
WWT EXAM QUESTIONS
10 potential questions for IBOL to include in their expanded Level One Operator Exam were submitted to the board for approval. These questions address information needed to properly operate a Large Soil Absorption system. The board requested some changes on the questions.
Mr. Lee will take the changes back to Barry Burnell at DEQ.
Motion made by Mr. Schroeder to go into Executive Session to review applications exempt from public disclosure per Idaho Code 67-2345 (1) (d). Seconded by Mr. Lee, motion passed.
BALLANTYNE TRACY S
CORTEZ JR PETE
CRAWFORD TERRY RAY
DILLS THOMAS A
DITTMAN SAMUEL THOMAS
HAMMOND RANDALL L
JENNINGS ADAM SCOTT
MILLER BRANDT J
MYERS WILLIAM BRENT
POELSTRA GARRETT A
RUFF KRISTINE MARIE
ST JOHN JAMES
VOERMANS ROBERT LADD
APPROVED FOR EXAM OR LICENSURE
BATCHELOR SHIRLEY A
CRAYNE SHAWN BERNARD
DAVIS ELBERT B
DECROO DOUGLAS ALLEN
FLESHER MICHAEL T
HAMMOND RICK DEAN
HANSEN BRAD B
HILL TODD ROBERT
HOWELL JEREMY J
HUSSEY GARRY WILLIAM
JENSEN BRIAN JAY
JERNBERG DUANE P
JOHNSON DELBERT ALAN
KASANKE PAUL JAY
KNIGHT CAREY LEE
KOSSOW CHRIS D
LAGO WILLIAM E
LOWRY SHANE W
MCCULLOCH JAMES RODNEY
MORGAN JOHN F
MORRIS DAVID C
PEARSON DAX L
PEHRSON THAYNE SHAWN
RICHARDS COREY L
ROMANGO VANCE D
SARGENT WILLIAM DREW
SHAFFER THOMAS B
SIMPSON JAMES H
SOLOMON ANDY J
SOLOMON TERRY BRUCE
SONNENTAG DAVID R
TAYLOR JAMES BRIAN
TAYLOR JAMES T
WILSON RICHARD LEE
WROBLEWSKI RICHARD ANTHONY
YOUNG TROY D
ZEITER MICHAEL TODD
ZIEMER BEAU J
Motion made by Mr. Hansen to come out of executive session. Seconded by Mr. Lee, motion carried.
Motion made by Mr. Villegas to adjourn at 5:30 p.m. Seconded by Mr. Lee, motion carried.