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, December 13, 2007 at 9:00 a.m.

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

MINUTES APPROVED: January 10, 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

James C. Brannon, Jr., Public Member

Denise R. Stokes, Public Member

Patricia O’Brien, Public Member

MEMBERS ABSENT

James L. Givens, Professional Member

DIVISION STAFF/ DEPUTY ATTORNEY GENERAL

Eileen Kelly, Deputy Attorney General

Gayle Melvin, Administrative Specialist III

ALSO PRESENT

Ruth Briggs King, SCAOR

Dee Carroll, KCAR

Denise Tatman, DAR

Mike McGavisk, Education Committee

Richard Marcus

Deborah Adams

CALL TO ORDER

Mr. Giles called the meeting to order at 9:05 a.m.

REVIEW OF MINUTES

A motion was made by Ms. Stokes, seconded by Mr. Kreger to approve the minutes of the meeting held on November 8, 2007. The motion passed unanimously.

UNFINISHED BUSINESS

LETTER FROM DIANE PETRONOGOLO-BROWN REQUESTING TO REOPEN THE HEARING HELD ON NOVEMBER 8, 2007 (CASE NO. 02-01-07)

A letter was received from Ms. Petrongolo-Brown requesting that the Commission reopen the hearing held on November 8, 2007 due to her misunderstanding of the location of the hearing. A motion was made by Mr. Kreger, seconded by Mr. Emory to reopen the hearing. The motion passed unanimously. The hearing will be rescheduled for the February 14, 2008 meeting.

REVIEW CONSENT AGREEMENT FOR WILLIAM EMMERT (CASE NO. 02-19-06)

The Commission reviewed the consent agreement for William Emmert. The consent agreement stated that Mr. Emmert would be issued a letter of reprimand. A motion was made by Mr. Kreger, seconded by Ms. O’Brien to approve the consent agreement. The motion passed by majority vote. Mr. Whitfield in his capacity of contact person for the complaint recused himself from the review.

REVIEW OF APPLICATION

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

MELISSA NOWELL: REQUEST FOR WAIVER OF THE FLORIDA CERTIFICATION OF LICENSURE HISTORY

A request was received from Melissa Nowell asking that her resident salesperson’s license be issued prior to the Commission receiving an official certification of licensure history from the State of Florida. She did provide the Commission with a printout of her license history from the Florida website. Even after contacting the Governor’s Office in Florida, it would be another few weeks before the certification would be completed. A motion was made by Mr. Brannon, seconded by Mr. Kreger to issue the license and Ms. Nowell must provide the certification as soon as possible. The Commission office is to follow-up with her in 90 days if the certification has not been received. The motion passed unanimously.

NEW BUSINESS

Applications for Licensure

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

Terrie B. Blondin, Real Estate U

Joe L. Bowski, Jack Lingo

Dawn M. Ciganik, Long & Foster

Nina A. Haman, National Referral Service

Jennifer L. Kolionis, Patterson-Schwartz

John J. Marino, Beach to Bay Real Estate Center

Ryan Scarborough, Prudential Fox & Roach Realtors

Richard R. Snell, Delaware Realty

Kevin M. Warren, Exit Central Realty

Brooke Wells, Delaware Realty Group

Donnamarie T. Weaver, Patterson-Schwartz

Aina A. Foster, Long & Foster

Gail E. Dieman, Coldwell Banker Residential Brokerage

Jalina A. Fleming, Harrington ERA Realty

Carol L. James, Callaway, Farnell and Moore

Cynthia Krastev, Home Services Realty

Henry C. Boyce, Commercial Realty Group

Terry I. Killen, Re/Max Horizons

Edward S. Money, Keller Williams Realty

John E. Reece, Keller Williams Realty Referral Associates

Dan Deckelbaum, Prudential Fox & Roach Realtors

Reba V. Banks, Prudential Fox & Roach Realtors

Julie L. Trachtman, Patterson-Schwartz

Janeen A. Mirolli, Patterson-Schwartz

AnnaMarie Paoli, Patterson-Schwartz

Gregory L. Gresham, Home Realty

Jennifer A. Weir, Home Team Realty

Jennifer L. Sutter, Century 21 Premier Homes

Gary D. Oakes, Weichert Realtors

William A. Eakins, Patterson-Schwartz

Michael E. Jack, Lewes Realty

Jennifer L. Randolph, Harrington ERA Realty

Ashley Schmidt, Keller Williams Realty

Peter Almo, Keller Williams Realty

Iliana I. Ilieva, Keller Williams Realty

Christian S. Zwickert, Coldwell Banker Perferred

Donna Marie Rosato, Prudential Fox & Roach Realtors

Angela Phillipson, Millman Realty

Matthew P. Schifano, Peninsula Realty

Gayton Thomas, Gold Key Realty

Donna L. Dill, Keller Williams

Cassandra R. Harris, Harrington ERA Realty

Nancy Soccorso, Harrington ERA Realty

Alverta M. Robinson, Millman Realty

Danie G. Rattay, CB Richard Ellis

Keisha M. Curry Glover, Prudential Fox & Roach Realtors

John D. Budischak, Weichert Realtors

AnneMarie Spence, Century 21 Mann & Sons

The motion passed unanimously.

The application of Charlotte Bell for a non-resident broker's license was reviewed. A motion was made by Ms. Stokes, seconded by Mr. Emory to approve this application. The motion passed unanimously.

The application of Alieu Bawo for a non-resident broker's license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to propose-to-deny this application because Mr. Bawo does not have the five years of continuous experience. The motion passed unanimously.

The application of Emma Payne for a non-resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Ms. Stokes to table this application pending receipt of additional information regarding her experience and an explanation of her licensure history. The motion passed unanimously.

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

The application of James Waggoner for a resident broker’s license was reviewed. The Commission decided to table this application and request proof of completion of an additional 39 hours of a Delaware pre-licensing course.

The application of Bridget D. Bauer for a resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Charles R. Brown for a resident broker’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Dawn P. Hudson for a resident broker’s license was reviewed. A motion was made by Mr. Allamong, seconded by Mr. Brannon to approve this application. The motion passed by majority vote. Mr. Kreger recused himself from the review of this application.

The application of Cynthia A. Jenne for a resident broker’s license was reviewed. A motion was made by Mr. Allamong, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.

The application of Larry G. Jenne for a resident broker’s license was reviewed. A motion was made by Mr. Whitfield, seconded by Ms. Stokes to approve this application. The motion passed unanimously.

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

The application of Doreen K. Earnest for a resident salesperson’s license was reviewed. A motion was made by Mr. Allamong, seconded by Ms. O’Brien to approve this application. The motion passed unanimously.

The application of Heather I. Paravicini for a 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 Jeron A. Phillips for a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to table this application until Mr. Phillips receives a pardon from the Governor. The motion passed unanimously.

New Office Applications

The application of Bob Lilley Real Estate LLC for a new office was reviewed. A motion was made by Mr. Brannon, seconded by Mr. Whitfield to approve this application. The motion passed unanimously.

The application of Long & Foster Real Estate, Inc. for a new office was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Indian River Land Co., Inc. for a new office was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Davidson Realty for a new office was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Golden Coastal Realty for a new office was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Home Services Realty, Inc. for a new office was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

Reinstatements

The application of Paul Pustolski for reinstatement of a resident salesperson’s license was reviewed. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve this application. The motion passed unanimously.

The application of Thomas A. Price for reinstatement of a resident salesperson’s license was reviewed. A motion was made by Mr. Brannon, seconded by Mr. Emory to approve this application. The motion passed unanimously.

Status of Complaints

Complaint No. 02-36-07 – Assigned to Mr. Giles

Complaint No. 02-37-07 – Assigned to Mr. Whitfield

Complaint No. 02-19-07 – Referred to Attorney General’s Office

Complaint No. 02-20-07 – Closed

Complaint No. 02-27-07 – Closed

Complaint No. 02-28-07 – Closed

Education Committee Report

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

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

Proposed Rule Changes and Additions to the Education Guidelines

Mr. McGavisk reviewed the proposed changes to the Education Guidelines. Ms. Kelly advised the Commission that a Public Hearing must be held. The Commission requested that she proceed with scheduling the Public Hearing.

Appoint New Education Committee Member from Kent County – Review Recommendation for Frani Melda

The recommendation for Frani Melda was reviewed by the Commission. A motion was made by Mr. Brannon, seconded by Mr. Kreger to appoint Ms. Melda to the Education Committee. The motion passed unanimously.

Discussion: Annual Seminar

It was decided that the date of the annual seminar will be September 11, 2008.

Pearson VUE/Promissor – State Examination Update – Mr. Allamong

Mr. Allamong reported that the Real Estate Examination Review Committee met on November 28-29, 2007. The Committee reviewed the Delaware-specific real estate item pool and approved 106 questions. The Committee also reviewed the content outline due to the recent changes in the statute and rules and regulations and recommended several additions. Mr. Allamong provided copies of the revised content outline for members. A motion was made by Mr. Kreger, seconded by Mr. Brannon to approve the content outline. The motion passed unanimously.

ARELLO Update – Mr. Allamong

Mr. Allamong reported that he had attended a meeting on November 12, 2007 in Las Vegas, Nevada. A discussion was held concerning license portability. ARELLO is drafting a model statute and will discuss this issue further is April.

2007 Fiscal Year Statistical Report from Samuel Nickerson, Investigative Supervisor for the Division of Professional Regulation

Mr. Nickerson provided the Commission with the 2007 fiscal year statistical report. There were 33 accepted complaints for FY07.

Letter from Donald E. West, Chairman, Council on Real Estate Appraisers, Regarding Broker Price Opinions

The Commission had received a letter from Donald E. West, Chairman, Council on Real Estate Appraisers regarding broker price opinions. The Council is of the opinion that the completion of broker price opinions by anyone for any purpose other than a listing presentation is in violation of Chapter 40 of Title 24. The Council requested the Commission’s assistance in notifying members of the real estate community about the Council’s regulations. A motion was made by Mr. Brannon, seconded by Mr. Kreger to forward a copy of this letter to the Boards of Realtors. The motion passed unanimously.

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, January 10, 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 11:19 a.m.

Respectfully submitted,

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Gayle L. Melvin

Administrative Specialist III

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