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: BOARD OF ARCHITECTS

MEETING DATE AND TIME: Wednesday, June 7, 2006 at 1:30 p.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room B, second floor of the Cannon Building

MINUTES APPROVED: September 6, 2006

MEMBERS PRESENT

Arden Bardol, RA, President, Presiding

Jean N. McCool, RA, Secretary

Peter H. Jennings, RA

Alvin French, RA

Goodwin K. Cobb, IV, Public Member

Loretta L. Wooten, Pubic Member

Steven Atchley, Public Member

Charles Weymouth, RA

Julia C. Hopkins, Public Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Allison Reardon, Deputy Attorney General

Dana Spruill, Administrative Specialist II

Kay Warren, Deputy Director, Division of Professional Regulation

1.0 CALL TO ORDER

Ms. Bardol called the meeting to order at 1:49 p.m.

2.0 REVIEW OF MINUTES

The Board reviewed the minutes of the May 3, 2006 meeting. Mr. Cobb made a motion, seconded by Ms. McCool, to approve the May 3, 2006 meeting minutes as amended. The motion was unanimously carried.

3.0 UNFINISHED BUSINESS

Discussion on Status Of Legislation – H.B. 311

H.B. 311 was passed by the House and Senate and approximately one week later was signed by the Governor. The new law is now available on the Board’s website. Mr. Jennings will write an article for the AIA Delaware’s newsletter that will be a synopsis of the changes affecting current licensees and state that the Board now has the authority to take action against unlicensed individuals. Mr. Jennings and Mr. Weymouth will contact AIA to request that a copy of the AIA newsletter be sent to the Board of Architect members and its administrative specialist. Mr. Jennings will also draft a letter for mailing to licensees within the next six weeks that will advise licensees of the changes.

Report on Status of Joint Architecture and Engineer Advisory Committee – Ms. Bardol

Ms. Bardol advised that the DAPE will be meeting next week to sign their portion of the Memorandum of Understanding (MOU). The Board of Architects still needs to select its public member. DAPE thought that the Board of Architects selecting a member would be a good idea. Ms. McCool has contacted a bank that was interested in having someone serve. Mr. French will be contacting that person and a few other banks to determine the level of interest and the background that would be brought to the group.

The Engineers are finding that the code officials are confused and frustrated. Engineers are becoming concerned regarding the credibility of the design profession. Ms. Bardol attended a workshop in Dover where several agenda items did not get done during a two hour meeting. Kent County enforcement is sending a lot of complaints to DAPE for all kinds of engineers sealing drawings. DAPE has invited the Board to participate in their informational seminar. DAPE is making a good faith effort in educating the public of how to notify them of any complaints. Ms. Bardol has asked Mr. Bill Holloway to attend the New Castle County June 14, 2006 informational seminar. Mr. Cobb advised that he may also attend. Any Board member interested in attending should let Ms. Bardol know and RSVP to DAPE.

The Board discussed the MOU. DAG Reardon has spoken with an attorney from DAPE regarding a minor change the attorney requested in the MOU. Both attorneys concurred. It is recommended that the Board not issue advisory opinions. Therefore, the wording in the MOU needs to be changed to state that they will provide assistance to the questions of code officials. Mr. Jennings made a motion, seconded by Ms. McCool, to adopt the change in the MOU. The motion was unanimously carried. Ms. Bardol will sign the MOU with the change. Once it has been signed by both groups, the Board’s administrative specialist will receive a photocopy to maintain in the Board’s records.

Report on Status of Rules and Regulations Subcommittee – Mr. French

Mr. French provided an update of the status of the Rules and Regulations Subcommittee He advised that at the next meeting, formal drafts will be available on rolling clock, the continuing education requirements, and the license expiration date on the seal of drawings. Mr. Cobb, Mr. Jennings, and DAG Reardon are researching the retired architect topic. The Subcommittee members will be looking into the design build law of other states to prepare for attending the national conference. The Subcommittee has decided that design build is more of a law than a regulation topic. Mr. Jennings is drafting a form for the Board to review that would be used when there is a change in the construction administration. The Subcommittee will not be meeting in July.

Complaint No. 07-03-05 – Hearing Rescheduled to July 19, 2006

The hearing regarding Complaint No. 07-03-05 has been rescheduled to July 19, 2006. A copy of the complaint will be provided to the Board members prior to the hearing.

Discussion on Sussex County Seal Requirements

DAG Reardon will explore whether state law presides over county law or home rule. Mr. French will check on the status of the County making changes to its rules and regulations.

Ms. Bardol asked if she could reorder the agenda to complete the Old Business items prior to the VTO presentation. Ms. Bardol was advised that the Board’s chair could reorder the agenda at any time. Mr. Weymouth questioned this. DAG Reardon explained that reordering the agenda was not changing the agenda. The Board has the authority to amend the agenda up to six hours prior to the meeting. The idea behind the deadline is to allow for public notification and to allow time for the public to respond.

Complaint No. 07-01-06 – Update on Status

The Board was advised that Complaint No. 07-01-06 has been referred to the Dept. of Justice for further action.

Discussion on Status of Joseph Zito Compliance

On April 6, 2006, Mr. Zito submitted a status report to the Board. He has provided the Board with a copy of his professional conduct course certificate. He has now requested an extension to complete the remaining continuing education hours due to health reasons. Mr. Jennings made a motion, seconded by Ms. Wooten, to grant Mr. Zito an extension until August 1, 2006, to complete the required course hours. Mr. Weymouth opposed the motion. The motion was carried with a majority.

Voluntary Treatment Option (VTO) Program Presentation by Deputy Director Kay Warren

Kay Warren, Deputy Director with the Division of Professional Regulation presented the Voluntary Treatment Option (VTO) program to the Board. This program provides an opportunity for regulated professionals to confidentially access professional help for their chemical dependency (alcohol or drugs) or impairment. The board designated Mr. Atchley as the board's VTO representative to help in the administration of this program. Program forms and information is available at dpr..

Following the presentation, Ms. Hopkins applauded Mr. Atchlely for volunteering to serve. The Board discussed that confidentiality was a key issue and that by having a public member represent the Board that there may be an increased comfort level because he may not know the professional member entering the program. Mr. Jennings will suggest to the Delaware AIA that they include an article in their newsletter. Ms. Wooten suggested that the brochures for the program be placed in locations where professionals would see them.

4.0 NEW BUSINESS

Review of Applications

The applications were reviewed and discussed.

A motion was made by Mr. Weymouth, and seconded by Mr. Atchley, to approve the following applicants for licensure through reciprocity by NCARB:

Thomas Bello Louise K. Craver Thomas D. Curtis

Manoj V. J. Dalaya Randell E. Henderson Ahmad Mohazab

George D. Schoenhard Steven A. Sweeney William M. Wells, Jr.

John O. Yoder, III Kevin L. Nikiel Michael Donovan

Richard Fawell Peter Bachmann

David R. Fraytak – contingent upon receipt of a copy of a current license

The motion was unanimously carried.

Mr. French left the meeting at 3:35 p.m.

A motion was made by Ms. McCool, and seconded by Ms. Hopkins, to approve the following applicant for licensure through reciprocity by direct application:

Rolland P. Grote – Application included Request for Waiver of IDP

The motion was unanimously carried.

The Board reviewed the application of G. Andrew Kirk for licensure through reciprocity by direct application. The application was tabled. Mr. Kirk will be advised that he must submit a Waiver of IDP request.

The Board reviewed the application of Michael J. Cohalan for licensure through reciprocity by direct application. Mr. Jennings made a motion, seconded by Ms. McCool, to propose to deny the application on the basis that it does not meet the current requirements and that it appears from the information submitted that Mr. Cohalan has been practicing in Delaware without a license. It appears that Mr. Cohalan must submit a Request for Waiver of IDP. The motion was unanimously carried. Mr. Cohalan had submitted a letter requesting that if the application was proposed to be denied that a hearing be scheduled. Ms. Hopkins made a motion, seconded by Mr. Atchley, that the hearing be scheduled for July 19, 2006, at 10:00 a.m. The motion was unanimously carried.

Review of Applications for ARE

Mr. Atchley made a motion, seconded by Ms. McCool, to approve the following applicants to sit for the ARE:

Howard Tews Thomas Korjack Joseph A. Zebleckes, Jr.

The motion was unanimously carried.

Review of Continuing Education Audits for Renewal

Mr. Jennings made a motion, seconded by Ms. Hopkins, to approve the continuing education audit reviewed for renewal. The motion was unanimously carried.

Mr. Weymouth left the meeting at 4:00 p.m.

Discussion on Rolling Clock, ARE and IDP Training Timing

The Board tabled this discussion until the next meeting.

Review of Direct Application

The Board reviewed the application for direct licensure of Maurice Walden. After discussion on this application, Ms. McCool made a motion, seconded by Mr. Cobb, to propose to deny the application of Mr. Walden on the basis that he must meet the requirements of Section 307 of the statute. The motion was unanimously carried.

5.0 Other Business Before the Board (for discussion only)

Mr. Jennings made a motion, seconded by Ms. McCool, to amend the agenda to include voting at the conference. The motion was unanimously carried. Mr. Jennings made a motion, seconded by Ms. McCool, to send the delegation uninstructed and to vote as they see best. The motion was unanimously carried.

6.0 Public Comment

There was no public comment.

7.0 Next Scheduled Meeting

The next meeting will be held on Wednesday, July 19, 2006 at 9:30 a.m. in Conference Room B, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

8.0 Adjournment

There being no further business, Mr. Jennings made a motion, seconded by Mr. Cobb, to adjourn the meeting at 4:10 p.m. The motion was unanimously carried.

Respectfully submitted,

Dana M. Spruill

Administrative Specialist II

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