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Sept 19-20, 2019 BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS Minutes of Meeting The Board of Professional Engineers and Professional Land Surveyors held a regular meeting on September 19-20, 2019 at the Board office, 1510 E. Watertower St., Ste. 110, Meridian, ID 83642 to conduct Board business. The meeting convened at 9:00 a.m. on Thursday, September 19, 2019 with the following Board members present: Raymond Watkins, Dusty Obermayer, John Elle, John Tomkinson, George Murgel and Glenn Bennett. Also present was Keith Simila, Executive Director, Jim Szaticowski, Deputy Director, Tom Judge, Deputy Director and Jennifer Rowe, Administrative Assistant. i. AGENDA REVIEW - Are there any new agenda items? New items were received for FY18.02 and FY19.04. Moved by Mr. Elle, seconded by Mr. Tomkinson to add items for FY18.02 to the agenda. Motion passed with Mr. Bennett recused. Moved by Mr. Bennett, seconded by Mr. Tomkinson to add items for FY19.04 to the agenda. Motion passed with Mr. Watkins and Mr. Obermayer recused. I. READING OF MINUTES 1. Minutes of the June 11 & 12, 2019 meeting. Moved by Mr. Elle, seconded by Dr. Murgel to approve the minutes for the June 11 & 12, 2019 meeting as presented. Motion passed unanimously. 2. Minutes of the July 29 & 30, 2019 retreat. Moved by Mr. Elle, seconded by Mr. Bennett to approve the minutes for the July 29 & 30, 2019 meeting as presented. Motion passed unanimously. CONSENT AGENDA 1. Letter dismissing complaint 2. NCEES Western Zone meeting minutes 3. Dr. Murgel received the NCEES Distinguished Examination Service Award 4. International comity forum discussion 5. Dean Ringle began term as NCEES President September 19-20, 2019 5357 The Board noted the information on the consent agenda with no further action. III. UNFINISHED BUSINESS 1. Review the Strategic Plan Objectives. In the future, this item will be available to review at the June Board meetings or as needed. Attorney Mike Kane joined the meeting. 2. Subcommittee Updates a. Surveyor Apprenticeship Subcommittee: (Mr. Bennett, Mr. Elle and Mr. Obermayer) Subcommittee to work with the Department of Labor on survey education and apprenticeship program. The Board noted the information. b. Veterans Licensure Subcommittee: (Mr. Szatkowski, Mr. Tomkinson, Mr. Obermayer and Mr. Bennett). Chairman directed staff to dissolve the subcommittee. 3. Survey Education Update — Mr. Bennett, Mr. Elle, Mr. Judge and Mr. Simila. The Board noted the information. 4. UK Chartered Engineers update. The Board noted the information. 6. Laws and rules review — Adopt pending rules and final law language. Moved by Dr. Murgel, seconded by Mr. Tomkinson to adopt pending rules as amended. Motion passed unanimously. Moved by Mr. Tomkinson, seconded by Mr. Bennett to approve changes to monuments and definitions as presented. Motion passed unanimously. 7. Update Board Opinions for agency guidance documents. The Board noted the document "Errors Noted on Future Drawings." Moved by Mr. Watkins, seconded by Dr. Murgel to publish the opinion on business entity and individual responsibility at work as an amended opinion. Motion passed unanimously. Moved by Mr. Watkins, seconded by Mr. Bennett to publish document on material discrepancy related to an expired or retired license as a new opinion. Motion passed unanimously. September 19-20, 2019 5358 Moved by Mr. Elle, seconded by Mr. Watkins to approve the amended opinion on discovery of a problem with the work of another professional. Motion passed unanimously. 8. Digital signatures, legal opinion Moved by Mr. Elle, seconded by Dr. Murgel to respond that a stylus signature is not considered a physical signature. Motion passed unanimously. Moved by Mr. Bennett, seconded by Mr. Tomkinson to have a subcommittee of Mr. Bennett, Mr. Tomkinson and Mr. Szatkowksi continue to review and research options to bring the law current with technology. Motion passed unanimously. 9. Historic Board policies Moved by Mr. Tomkinson, seconded by Mr. Bennett to rescind all older board policies in this document as obsolete. Motion passed unanimously. IV. NEW BUSINESS 4. Statute of Limitations request by ACEC, ISPE and ISPLS Moved by Mr. Elle, seconded by Dr. Murgel to remove from the agenda until such time as the sponsors of proposed bill want to discuss it. Motion passed unanimously. 5. Resolution of cooperation NCEES. Moved by Mr. Watkins, seconded by Dr., Murgel to obtain approval from the Governor's Office prior to adoption. Motion passed unanimously. 7. Tamarack Grove letter. The Board noted the information and staff will respond that no action was taken. 8. APA bill proposed by Senator Burgoyne. The Board noted the information. 9. Policy on veteran, military and spouse licensure. Moved by Mr. Tomkinson, seconded by Mr. Bennett to approve this policy. Motion passed unanimously. 10. QBS questions from ITD. Moved by Mr. Bennett, seconded by Dr. Murgel to direct staff to meet with ITD to obtain better clarification of question. Motion passed unanimously. September 19-20, 2019 5359 13. Question regarding pins in the sidewalk Moved by Dr. Murgel, seconded by Mr. Bennett to direct Attorney Kane to send a letter explaining what the law states on defacement of monuments. Motion passed unanimously. 17. Request to use engineering in business name "Pierce Software Engineering LLC." Moved by Mr. Elle, seconded by Mr. Watkins to deny the request for waiver. Motion passed unanimously. 18. Question from the UK Engineering Council on credentials. Moved by Dr. Murgel, seconded by Mr. Elle to respond with the rule citation describing the conditions of academic credential equivalence. Motion passed unanimously. 19. A question regarding a previous applicant's ability to reapply. Moved by Mr. Elle, seconded by Mr. Bennett to have Attorney Kane respond that the Board will consider a new application. Motion passed unanimously. 22. The self-governing agencies would like to visit with legislators prior to the 2020 session. Moved by Mr. Elle, seconded by Mr. Bennett to authorize staff to attend meetings. Motion passed unanimously. VI. CONSIDERATION OF DISCIPLINARY MATTERS Moved by Mr. Tomkinson, seconded by Mr. Bennett to enter into executive session to consider records that are exempt from disclosure as provided for by Idaho Code 74- 206(1)(d). Roll call vote results; Mr. Watkins, yes; Mr. Bennett, yes; Dr. Murgel, yes; Mr. Elle, yes; Mr. Tomkinson, yes and Mr. Obermayer, yes. After meeting in executive session, the Chairman directed the Board to return to regular session. FY11.11 Erickson Court status — Kane provided an update. The Board noted the information. FY19.01 Andrew Adams. Received 08/20/18. Time was extended at the November 2018 meeting. The Board noted the information. Board Prosecuting Attorney Thomas Lloyd joined the meeting. FY19.02 Chris Pfahl, PLS. Time was extended at the November 2018 meeting. Mr. Obermayer is recused in this matter. September 19-20, 2019 5360 FY19.03 Chris Pfahl, PLS. Time was extended at the November 2018 meeting. Mr. Obermayer is recused in this matter. Moved by Mr. Bennett, seconded by Dr. Murgel to accept the complaint. Motion passed unanimously. FY19.07 Al Johnson, PLS Moved by Mr. Bennett, seconded by Dr. Murgel to accept the complaint. Motion passed unanimously. Attorney Lloyd left the meeting. FY19.04 Eric Eldenburg, P.E. Received 11/16/2018. Moved by Mr. Elle, seconded by Dr. Murgel to dismiss this matter as unfounded as the Board has been advised by counsel that there is insufficient evidence under the clear and convincing standard to meet all the elements of the alleged violations that are within this Board's jurisdiction. Motion passed with Mr. Watkins and Mr. Obermayer recused. FY19.27 Sushil Shenoy, PE. The Board noted that this docket was dismissed at the July meeting. Referred to the AG's office: Wengemann — Unlicensed surveyor out of Utah. Follow up with licensee in responsible charge. Moved by Mr. Tomkinson, seconded by Dr. Murgel to authorize Mr. Judge to investigate cross border survey work of both licensees and COAs. Motion passed unanimously. Wilhelm (non-engineer stamping plans with license seal). Kane analysis of case. Moved by Dr. Murgel, seconded by Mr. Elle to pursue or investigate prosecuting options for unlicensed practice. Motion passed unanimously. FY17.05 Jared Leavitt CO/STIP non-compliance & suspension. Is compliance complete? The Board noted the information. FYI 6.04 Ketcham (GHD RFI matter) — Time extended at January 2017 meeting. Mr. Judge to finish this investigation. The Board noted the information. September 19-20, 2019 5361 FY16.08 Scott RFI toward Erickson — Time extended at March 2017. Tom Judge to finish investigation pending litigation. The Board noted the information. FYI 7.02 Mayberry (GHD RFI matter) Received 09/07/2016. Mr. Judge to finish this investigation. Time extended at the January 2017 meeting. The Board noted the information. FYI 7.09 Elam RFIs toward Ketcham. Time extended at March 2017 meeting. Mr. Judge to finish this investigation pending litigation. The Board noted the information. Attorney Kane left the meeting. III. UNFINISHED BUSINESS 11. Revisit opinion on ties to monuments. Motion passed unanimously. Moved by Mr. Bennett, seconded by Mr. Tomkinson to have Mr. Judge redraft opinion and bring back for the Board to review at a future meeting. 10. Removal of retired renewal fee. Moved by Mr. Bennett, seconded by Dr. Murgel to keep the conversion fee and discontinue the renewal fee for a retired license. Motion passed unanimously. Edith Williams, Technical Records Specialist joined the meeting. 5. Mr. Szatkowski and Ms. Williams updated the Board on the progress of the paperless applications. Staff discussed options to phase out paper applications and renewals. Ms. Williams left the meeting. Moved by Mr. Bennett, seconded by Mr. Tomkinson to phase out paper renewals and applications. Staff to draft a policy and bring back to Board for review at a future meeting.
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