Publicmeetings.delaware.gov
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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 | |
Members Present
Donald West, Professional Council Member, Chairperson, Presiding
Charles Witt, Professional Council Member, Vice-Chairperson
George Fantini, Professional Council Member
Stephen Huston, Professional Council Member
Richard Bauermeister, Public Council Member
Arthur Cahall, Public Council Member
Neal Scott, Professional Council Member
Division Staff/Deputy Attorney General
Abby Adams, Deputy Attorney General
Eileen Kelly, Deputy Attorney General
James Collins, Director, Division of Professional Regulation
Nicole Williams, Administrative Specialist II
Monique K. Hampton, Administrative Specialist II
Gayle Melvin, Administrative Specialist III
Members Absent
Kevin Esslinger, Public Council Member
Erik Painter, Public Council Member
Others Present
Laura Gerard, Deputy Attorney General, State Department of Justice
Edward Dempsey, New Castle City Police Department
Jay Whittle, Attorney
Charles W. Cobb, Jr.
Layton J. Ward
Laura A. Baker
Earl Loomis
Victoria Bandy
William Diveley
Richard Foley
George Allen
Call to Order
Mr. West called the meeting to order at 1:35 p.m.
Review and Approval of Minutes
The Council reviewed the minutes for the July 17, 2007 meeting. Mr. Wit made a motion, seconded by Mr. Huston to approve the minutes for the July 17, 2007 meeting with the amendment to the spelling of Mr. Huston’s name. The motion was unanimously carried.
Unfinished Business
Hearing on Proposed Changes to the Rules and Regulations
Ms. Adams went on record at 1:48 p.m. and advised the Council and the public of the proposed changes in the revisions to the continuing education of the rules and regulations. Ms. Adams advised that if the changes are approved they will become part of the Delaware Rules and Regulations. Ms. Adams advised that the rules and regulations public hearing notice was published in the News Journal and Delaware State News on August 27, 2007.
Off record at 1:50 p.m. Back on record at 1:52 p.m.
Ms. Adams turned the hearing over to Mr. West for introductions and public comment. The introduction was conducted and there was no public comment offered at the Rules and Regulations hearing.
Mr. Scott made a motion, seconded by Mr. West to go off the record at 1:54 p.m. Motion unanimously carried.
Mr. Huston made a motion, seconded by Mr. West to go back on the record at 2:00 p.m. Mr. Loomis stated his recollection of the segmented approach was to take effect in two years in accordance with the AQB test results time frame of two years.
Mr. Diveley recalled the same information as Mr. Loomis that the licensing exam results determined the deadline of the segmented approach.
Off record at 2:03 p.m. Back on record at 2:11 p.m.
Mr. Loomis advised Council that he sees no necessity for the drop-dead date. Mr. West questioned if it was his [Mr. Loomis] opinion that the drop-dead date was not needed.
Mr. Foley questioned the Council as to if a drop-dead date already exits. Mr. West advised that a drop-dead date has not been established thus far.
Off record at 2:13 p.m. Back on record at 2:15 p.m.
Mr. Fantini made a motion, seconded by Mr. Scott to adopt the proposed changes to the rules and regulations and the acceptance of the segmented approach. The motion was unanimously carried.
Off record at 2:16 p.m. Back on record at 2:17 p.m.
Ms. Adams advised the Council that the final order for the rules and regulations hearing will be made at the October meeting and that the anticipated date for publication of the rules and regulations is November 1, 2007.
Mr. Cahall made a motion, seconded by Mr. Witt to close the rules and regs hearing. The motion was unanimously carried. The hearing closed at 2:18 p.m.
Disciplinary Hearing – Charles W. Cobb, Jr.
The Council went on the record at 2:28 p.m. as Ms. Adams advised that case 19-06-07 is now being heard. Ms. Adams then started introductions.
The Council introduced themselves and then Mr. Cobb and his counsel, Mr. Whittle, and then Ms. Gerard.
Ms. Gerard explained the state’s stand on the admittance of the “pro hac vice” and Mr. Whittle advised Council of his stand on Ms. Gerard’s statement on behalf of the state.
Off record at 2:34 p.m. Back on record at 2:40 p.m.
Off record at 2:44 p.m. Back on record at 2:48 p.m.
Off record at 2:50 p.m. Back on record at 2:53 p.m.
Mr. Huston made a motion, seconded by Mr. Fantini to grant Mr. Whittle “pro hac vice.”
Ms. Gerard made her opening statement. Mr. Whittle made his opening statement.
The State called their first witness, Investigator Layton J. Ward. Mr. Ward was sworn in and gave his testimony. Mr. Whittle did not cross exam Mr. Ward.
The State called their second witness, Detective Edward Dempsey. Mr. Dempsey sworn in and then gave his testimony. Mr. Whittle cross-examined Mr. Dempsey.
Mr. Whittle then called Mr. Charles W. Cobb, Jr. to testify. Mr. Cobb sworn in and proceeded to give his testimony. The State cross-examined Mr. Cobb.
Mr. Whittle called Mr. George Allen for testimony. Mr. Allen was sworn in and gave his testimony. The State cross-examined Mr. Allen.
The State and Mr. Whittle made their closing statements.
The Council deliberated at 4:15 p.m. Back on the record at 4:51 p.m.
Mr. Witt made a motion, seconded by Mr. Bauermeister to revoke the license of Mr. Charles W. Cobb, Jr., Certified Residential Real Property Appraiser, License No. X2-0000214. The motion was unanimously carried.
Ms. Adams advised that the Final Order for Mr. Cobb’s disciplinary action hearing will be presented at the next meeting. This hearing closed at 4:54 p.m.
Discussion on 2008 AQB Examination Manual
The Council tabled this item until their next meeting.
Strategic Planning
The Council tabled this item until their next meeting.
Status of Complaints
Mr. Fantini stated that complaints 19-09-07 and 19-10-07 were not going to be pursued and therefore have been closed.
New Business
Complaints
Ms. Williams advised the Council that complaints 19-09-07 and 19-10-07, items 4.1.1 and 4.1.2, were made in error and need to be stricken from the agenda.
Complaint 19-11-07 was assigned to Mr. Witt.
Complaint 19-12-07 was not assigned a contact person until further notice.
Review of Reciprocity Licensed Real Property Appraiser Applications
The Council reviewed the applications for Emi Kei Ryan and Linda D. Bruce. Mr. West made a motion, seconded by Mr. Huston to approved Ms. Ryan and Ms. Bruce as Licensed Real Property Appraisers. The motion was unanimously carried.
Review of Licensed Real Property Appraiser Applications
The Council reviewed the applications and Licensed Real Property exam results for Cynthia L. Jeffers, Michael Lee Marino and F. Lee Gosnell and reviewed the application to sit for the exam for W. Gayle Parker.
Mr. Witt made a motion, seconded by Mr. Cahall to approve Ms. Jeffers, Mr. Marino and Mr. Gosnell as Licensed Real Property Appraisers and Ms. Parker to sit for the exam. The motion was unanimously carried.
Review of Reciprocity/Certified Residential Real Property Appraiser Applications:
The Council reviewed the applications for:
Mark J. Hamilton - PA
Patricia B. Allen - MD
Robert S. Witt – DC, MD
Robert L. Bailey – MD
Harry B. Burkholder – MD
Gary Scerbo – NJ
Neal A. Seckler – MD, VA
David C. Olynik – MD, DC, VA
Irving Gellar – NJ, PA, DE – contingent approval
Mr. Bauermeister made a motion, seconded by Mr. Fantini to approve the above applications as Certified Residential Real Property Appraisers by Reciprocity and for Irving Gellar contingent upon receipt of required fees. The motion was unanimously carried.
Review of Certified Residential Real Property Appraiser Applications:
The Council reviewed the applications for:
Alan L. Jeffers – Review of Exam Results
Mary L. Horeis – Review of Exam Results
Adrienne M. Doucette – Review of Exam Results
Mr. Witt made a motion, seconded by Mr. Cahall to approve the above applicants as Certified Residential Real Property Appraisers . The motion was unanimously carried.
The Council reviewed the applications of:
Kostan G. Sacrenty – Sit for Exam
Mary Lynn Needs – Sit for Exam
Victor W. England – Sit for Exam
Brian Sachs – Sit for Exam
John Farnan – Sit for Exam
Steve C. Kauffman – Sit for Exam
Warren J. Deitcher – Sit for Exam
Rafael Paul Delgado – Sit for Exam
Mr. Witt made a motion, seconded by Mr. Cahall to approve the above applicants to sit for the Certified Residential Real Property Appraiser exam. The motion was unanimously carried.
Review of Reciprocity Certified General Real Property Appraiser Applications:
The Council reviewed the applications:
William F. McLaughlin – NJ
Teresa M. Hoberb – PA, NJ, DE
Maureen Plunkert – MD, DE
John Paul Williams – PA, DE – Reapplying – Contingent approval
John M. Shortall – MD
Pamela J. Bursler – MD
Mr. West made a motion, seconded by Mr. Scott to approve the above applications as Certified General Real Property Appraisers. The motion was unanimously carried.
Review of Certified General Real Property Appraiser Application
The Council reviewed the application to sit for exam for:
David R. Aglira
Mr. West made a motion, seconded by Mr. Witt to approve Mr. Aglira to sit for the Certified General Real Property Appraiser examination. The motion was unanimously carried.
Review of Temporary Permit Applications (for discussion only)
The Council reviewed the temporary practice permits that were issued to:
Michael B. Edwards – Comfort Suites Hotels – 550 N. Dual Hwy., Seaford, DE 19973
Paul M. Lubicich – 259 Garden Apartment Complex – 2801 Stonebridge Blvd,. New Castle, DE 19720
Joseph E. Anderson – 17 Convenient Stores with Gas and 2 office condos – Contract under Wachovia
Charles A. Bissell – Senior Housing, 700 and 700 ½ Foulk Rd., Wilmington, DE 19803; Pike Creek, 6561 Limestone Rd., Wilmington, DE 19808; Green Meadows at Dover, 150 Saulsbury Rd., Dover, DE 19904
Chris L. Harland – Lonestar Restaurant Portfolio – 307 Rocky Run Parkway, Wilmington, DE 19803 and 365 North DuPont Hwy., Dover DE 19901
William S. Yetke – Prime Hook National Refuge, Tracts 152 and 155 Sussex Avenue, Slaughter Beach, Sussex Co, DE 19963; Deep Branch Rd, Milton, DE 19968
Marius W. Andreasen – Kushner Apartment Portfolio, Kent County and New Castle County, DE
Robert F. Simpson – Linen Supply Facility – 30 McCullough Dr., New Castle, DE 19720-2066
Thomas J. Gorman – McDonald’s Restaurant – 1424 Forrest Avenue, Dover, DE 19904
The Council approved the issuance of the above temporary practice permits.
Review of Continuing Education Activities
Mr. Huston made a motion, seconded by Mr. Scott to approve the following continuing education courses:
The Appraisal Institute
4.9.1.1Apartment Appraisal: Concepts & Applications – 16 QE/CE hrs
4.9.1.2 General Appraiser Sale Comparison Approach – 30 QE/CE hrs
4.9.1.3 General Appraiser Site Valuation & Cost Approach – 30 QE/CE hrs 4.9.1.4 General Appraiser Income Approach, Part 2 – 30 QE/CE hrs
4.9.1.5 General Appraiser Report Writing & Case Studies – 30 QE/CE hrs
4.9.1.6 Sales Comparison Valuation of Small Mixed-Use Properties – 16 QE/CE hrs
4.9.1.7 Alternative Uses & Cost Valuation of Small Mixed-Use Properties – 16 QE/CE hrs
4.9.1.8 Income Valuation of Small, Mixed-Use Properties – 16 QE/CE hrs
4.9.1.9 Advanced Applications – 40 QE/CE hrs
4.9.1.10 Report Writing & Valuation Analysis – 40 QE/CE hrs
4.9.1.11 Advanced Income Capitalization – 40 QE/CE hrs
4.9.1.12 Advanced Sales Comparison & Cost Approaches – 40 QE/CE hrs
4.9.1.13 Computer Enhanced Cash Flow Modeling – 16 CE hrs
4.9.1.14 Condemnation Appraising: Advanced Topics & Applications – 16 CE hrs
4.9.1.15 Condemnation Appraising: Basic Principles & Applications – 16 CE hrs
4.9.1.16 Litigation Appraising: Specialized Topics & Applications – 16 CE hrs
4.9.1.17 The Appraiser as an Expert Witness: Preparation & Testimony – 16 CE hrs
4.9.1.18 Business Practices & Ethics – 8 CE hrs
4.9.1.19 National USPAP 7 Hour Update Course – 7 CE hrs
4.9.1.20 General Demonstration Appraisal Report Writing Seminar – 7 CE hrs
4.9.1.21 Residential Demonstration Appraisal Report Writing Seminar – 7 CE hrs
4.9.1.22 Analytics with the Site to Do Business – 7 CE hrs
4.9.1.23 Appraising Manufactured Housing – 7 CE hrs
4.9.1.24 Condominiums, Co-Ops, and PUDs – 7 CE hrs
4.9.1.25 FHA and the New Residential Appraisal Forms – 7 CE hrs
4.9.1.26 Forecasting Revenue – 7 CE hrs
4.9.1.27 Liability Management for Residential Appraisers – 7 CE hrs
4.9.1.28 Office Building Valuation: A Contemporary Perspective – 7 CE hrs
4.9.1.29 Quality Assurance in Residential Appraisal Reports – 7 CE hrs
4.9.1.30 Reviewing Residential Appraisal Reports – 7 CE hrs
4.9.1.31 Scope of Work – 7 CE hrs
4.9.1.32 Subdivision Valuation: A Comprehensive Guide to Valuing Improved Subdivisions – 7 CE hrs
4.9.1.33 The Professional’s Guide to the Uniform Residential Appraisal Report – 7 CE hrs
4.9.1.34 Uniform Appraisal Standards for Federal Land Acquisitions – 16 CE hrs
Philadelphia Metro Chapter of the Appraisal Institute
Partial Interest Valuation: Undivided – 10/31/2007 – 7 CE hrs
Delaware Chapter of the Appraisal Institute
Convincing Residential Appraisals – 4 CE hrs
Understanding and Testing DCF Valuation Models – 4 CE hrs
American Society of Farm Managers and Rural Appraisers
National USPAP Course (A-113) – 15 QE hrs
7-Hour National USPAP Course (A-114) – 7 CE hrs
ASFMRA Code of Ethics – 2 CE hrs
Highest and Best Use (A-290) – 16/15 QE/CE hrs
Sales Analysis Seminar – 8 CE hrs
Timber and Timberland Valuation – 8 CE hrs
Discounting and Leases – 8 CE hrs
Identifying Intangible Assets – 16 CE hrs
Minerals Appraisals – 12 CE hrs
Tax Deferred 1031 Exchanges – 14 CE hrs
Cost Estimating – 8 CE hrs
Timber Property Valuation – 12 CE hrs
The motion was unanimously carried.
Mixed-use Property and the Residential Appraiser – Mr. Witt
The Council tabled this topic until the next meeting.
State Approved Supervisor for Certified Residential upgrade to Certified General – Mr. Witt
The Council tabled this topic until the next meeting.
Other Business before the Council (for discussion only)
There was no other business before the Council.
Public Comment
There was no public comment before the Council.
Next Meeting
The next meeting is scheduled for October 16, 2007 at 9:30 a.m. Conference Room A, second floor, Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.
Adjournment
There being no further business, Mr. Cahall made a motion, seconded by Mr. Witt to adjourn. The motion was unanimously carried. The meeting adjourned at 5:04 p.m.
Respectfully submitted,
Nicole M. Williams
Administrative Specialist II
-----------------------
PUBLIC MEETING MINUTES: COUNCIL ON REAL ESTATE APPRAISERS
MEETING DATE AND TIME: Tuesday, September 18, 2007 at 1:30 p.m.
PLACE: 861 Silver Lake Boulevard, Dover, Delaware
Conference Room A, second floor of the Cannon Building
MINUTES APPROVED: October 16, 2007
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