DELAWARE BOARD OF MASSAGE AND BODYWORK



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|Cannon Building |STATE OF DELAWARE |Telephone: (302) 744-4500 |

|861 Silver Lake Blvd., Suite 203 |DEPARTMENT OF STATE |Fax: (302) 739-2711 |

|Dover, Delaware 19904-2467 | |Website: dpr. |

| |DIVISION OF PROFESSIONAL REGULATION | |

PUBLIC MEETING MINUTES: DELAWARE REAL ESTATE COMMISSION

MEETING DATE AND TIME: Thursday, April 10, 2008 at 9:00 a.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

MINUTES APPROVED: May 8, 2008

MEMBERS PRESENT

John R. Giles, Professional Member, Chairman, Presiding

Christopher J. Whitfield, Vice Chairman, Professional Member

Ricky H. Allamong, Professional Member, Secretary

Gilbert Emory, Public Member

Harry W. Kreger., Professional Member

Denise R. Stokes, Public Member

James L. Givens, Professional Member

Patricia O’Brien, Public Member

DIVISION STAFF/ DEPUTY ATTORNEY GENERAL

Kay Warren, Deputy Director, Division of Professional Regulation

Eileen Kelly, Deputy Attorney General

Gayle Melvin, Administrative Specialist III

MEMBER ABSENT

James C. Brannon, Jr. Public Member

ALSO PRESENT

Ruth Briggs King, SCAOR

Denise Tatman, DAR

CALL TO ORDER

Mr. Giles called the meeting to order at 9:00 a.m.

REVIEW OF MINUTES

A motion was made by Ms. Stokes, seconded by Mr. Emory to approve the minutes of the meeting held on March 13, 2008. The motion passed unanimously.

UNFINISHED BUSINESS

Sign Final Order from Hearing on Case #02-02-08 and Cast #02-03-08 Against Kevin P. O’Connor

The final order from the hearing on Case #02-02-08 and Case #02-03-8 against Kevin P. O’Connor was signed by Commission members.

Sign Final Order from Hearing for Khadre Wright

The final order from the hearing held for Khadre Wright was signed by Commission members.

Discussion: Bankruptcy Rule Consideration

Mr. Allamong provided Commission members with a draft broker of record designation form, an updated new or branch office application and proposed changes to the rules and regulations for review. A discussion was held regarding requiring a score on the credit report as defined by the national utilization of the FICO credit scoring system. Also discussed was if bankruptcy should prevent a broker from being the broker of record. A discussion was held regarding the implementation of a new form to be used to notify the Commission of a change in the broker of record. Also discussed was the broker of record ensuring that signatories on their escrow accounts are financially responsible. Ms. Warren suggested requiring duty to report. Mr. Allamong will make changes for further review.

Discussion: Property Disclosure

Mr. Allamong provided Commission members with the public comments that he had received. These comments were reviewed. There were several comments from Andy Taylor that Commission members had questions about. Mr. Allamong will invite Mr. Taylor to attend a meeting to answer those questions.

Discussion: Annual Seminar

A discussion was held regarding the annual seminar which will be held on September 11, 2008. Ms. Melvin advised the Commission that the conference room at Delaware Technical and Community College in Dover is available. She will check with Polytech School to see if their conference room is available. The Commission decided to contact the Real Estate Education Committee and request that it suggest the names of three speakers and topics for the seminar.

NEW BUSINESS

Applications for Licensure

A motion was made by Mr. Givens, seconded by Mr. Emory to approve the following new salesperson applicants as presented:

Mary S. Berl, Jones Lang LaSalle

Bradley Berzins, KLNB

Kevin Dougherty, Fameco Real Estate

Thomas Feely, Keller Williams

Paige Forman, Prudential Fox & Roach

Kevin Frazier, Keller Williams

Malkuita Green, Prudential Fox & Roach

Thomas Hickey, IV, Coldwell Banker Residential Brokerage

Kate Jordan, KLBN

Mary Lucente, Coldwell Banker Preferred

Kathryn Melcher, Coldwell Banker Rowley Realtors

Alverta Schmidt, Long & Foster

Carol Shacknai, Prudential Fox & Roach

William Sheffield, Harrington Relocation Realty

Joshua Stone, Builders 1st Choice, Inc.

James Voss, Re/Max Horizons, Inc.

Stuart West, Mertz Corporation

Rebeca Dycio, Weichert Realtors

Michele Wasson, Sunset Properties

Gwendolyn Ballen, Exit Central Realty

Kacee Benson, Century 21 Gold Key Realty

Kimberly Bortner, Prudential Fox & Roach

Dana Coleman, Re/Max Realty Group

Danny Coleman, Prudential Fox & Roach

James Creed, Fameco Real Estate

Kevin Disabatino, Patterson-Schwartz & Associates

Donna Falkowski, Keller Williams Realty

Magaret Fiorio, Beach to Bay Real Estate Center

Marlene Frederick, Long & Foster

Theresa Hill, Long & Foster

Jed Masloff, Fameco Real Estate

Ryan Mullins, Home Finders Real Estate

Mamon Neal, Millman Realty

Tonya Patton, Prudential Fox & Roach

Pamela Rivera, Prudential Fox & Roach

Nicole Rossman, Prudential Fox & Roach

Ronald Simonson, Prudential Fox & Roach

Path Snyder, Ocean Atlantic Agency

Karen Stephens-Johnson, Long & Foster

Jessica Stiner, Patterson-Schwartz & Associates

Maryhelen Garst, Seacoast Realty

Kristine Crickenberger, Prudential Fox & Roach

Darrell Davis, Exit Realty

George Bockius, Jr., Burns & Ellis Realtors

Janice Buress, Ocean Atlantic Agency

Jeffrey Thompson, Buyer’s Edge Company, Inc.

The motion passed unanimously.

The application of Carol Materniak for a non-resident broker’s license was reviewed. A motion was made by Ms. Stokes, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.

The application of Susan Megargee for a non-resident broker’s license was reviewed. A motion was made by Mr. Emory, seconded by Mr. Kreger to approve this application. The motion passed unanimously.

The application of Kevin Rhude for a non-resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.

The application of Vincent Range for a non-resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Emory to approve this application. The motion passed unanimously.

The application of Eric Braunstein for a resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. Stokes to approve this application. The motion passed unanimously.

The application of Laura Hufford for a resident broker’s license was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Kreger to approve this application. The motion passed unanimously.

The application of Daniel Ryan for a non-resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.

The application of William Warren for a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Givens to approve this application. The motion passed unanimously.

New Office Applications

The application of Ocean Atlantic Agency for a new office was reviewed. A motion was made by Mr. Givens, seconded by Mr. Emory to approve this application. The motion passed by majority vote. Mr. Giles recused himself from the review of this application.

The application of State Street Realty for a new office was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.

The application of Smith Mack & Co., Inc. for a new office was reviewed. A motion was made by Mr. Emory, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.

The application of Berry Real Estate, LLC for a new office was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Kreger to approve this application. The motion passed unanimously.

The application of Jim O’Hara Realty for a new office was reviewed. A motion was made by Mr. Givens, seconded by Ms. Stokes to approve this application. The motion passed unanimously.

The application of Emory Hill Residential Real Estate, LLC for a new office was reviewed. A motion was made by Mr. Gilbert, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.

Status of Complaints

Complaint No. 02-04-08 – Closed

Complaint No. 02-05-08 – Closed

Complaint No. 02-06-08 – Closed

Education Committee Report

Recommendation to Approve and Deny Course Providers, Instructor Applicants and Student Requests as Noted

A motion was made by Mr. Kreger, seconded by Mr. Emory to approve and deny course providers, instructor applicants and student requests as noted. The motion passed unanimously.

Discussion: Course Provider Qualifications

This was tabled until the next meeting.

Update on Scheduling Public Hearing for Proposed Rule Changes and Additions to the Education Guidelines

The Public Hearing on the proposed changes will be held at the May meeting.

Discussion: Letter from Board of Professional Land Surveyors Regarding Abolishing the Mortgage Inspection Plan (MIP) Regulation

The Commission received a letter from the Board of Professional Land Surveyors advising that it is considering abolishing the Mortgage Inspection Plan (MIP) regulation, which is utilized for deed and/or mortgage-related surveys in New Castle County. The Board offered to conduct a presentation for the Commission to explain this matter further. The Commission will request that the presentation be held at the May meeting.

Discussion: Maryland New Law on Builders

Commission members had been provided with a copy of information from Mr. Allamong concerning Maryland’s new law with regards to builders. Sales agents of new home builders in Maryland must hold now hold a real estate license. Presently in Delaware, builders can employ sale agents who are not required to hold a real estate license. A discussion was held concerning the timing of this and the opposition. It was decided that Ms. Kelly will look at the Maryland law and draft a proposal for review. Mr. Allamong will check with ARELLO to see how other states are handling this issue.

Discussion: Changing the License Period for Real Estate Licensees

Currently, resident licensees renew on April 30th of even years, non-resident licensees renew on April 30th of odd years and inactive licensees renew on June 30th of every year. Several months ago, at the request of one of the continuing education providers, Mr. Collins discussed with the Commission about changing the license renewal date for non-resident licensees. This change would help licensees and continuing education providers plan and schedule continuing education courses more easily. After that discussion, the Division of Professional Regulation proceeded to send a request to Allison Reardon, Deputy Attorney General, to make sure that there were no legal or regulatory reasons why the renewal date could not be changed. Ms. Reardon has responded that after reviewing the statute, she does not see anything that would prevent this. It was discussed that when the non-resident licensees renew in 2009, they be given a three-year license instead of a one-year license. This way, non-resident licensees will not have to renewal two years in a row. In 2012, all licensees will renew at the same time. Ms. Melvin will check to see if this is possible. The inactive renewal will be changed so inactive licensees will renew only every other year on April 30th instead of annually.

OTHER BUSINESS BEFORE THE COMMISSION (for discussion only)

There was no other business before the Commission.

PUBLIC COMMENT

There was no public comment at this meeting.

NEXT SCHEDULED MEETING

The next meeting will be held on Thursday, May 8, 2008 at 9:00 a.m.

ADJOURNMENT

A motion was made by Mr. Whitfield, seconded by Mr. Kreger to adjourn the meeting. The motion passed unanimously. The meeting adjourned at 11:45 p.m.

Respectfully submitted,

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Gayle L. Melvin

Administrative Specialist III

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