Nebraska Board of Engineers and Architects Board Meeting Minutes ...

Nebraska Board of Engineers and Architects
Board Meeting Minutes
October 29, 2010
215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, NE
CALL THE MEETING TO ORDER
The meeting was held at 215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, Nebraska.
Chair Choobineh called the meeting to order at 8:30 a.m. and informed the public of the location of the
Public Meeting Statutes. Notice of the meeting was published in the Lincoln Journal Star.
Roll Call: Mark Champion, Fred Choobineh, Michael Conzett, Roger Helgoth, Krista Kester, Jennifer Klein,
Tom Laging. Absent: Albert Hamersky.
Staff Present: Jon Wilbeck, Executive Director (ED); Sandra Weaver, Administrator (AD); Tyler Kohtz,
Compliance Officer (CO); Katherine Yanez, Public Information Officer (PIO). Jean Lais, Administrative
Assistant (AA) was present for discussion of Other New Business on the agenda.
Public Comment/Appointments and Attendance
Rich Lombardi, Legislative Liaison
Dave Svingen, Member, Board of Geologists; Dennis Bryers, Chair, State Board of Landscape Architects
John Thomazin, PPE Applicant
Dale Sall, Emeritus Board member - entered meeting at 11:21 a.m.
Agenda Items
Agenda item F.8, Legislative Items, moved forward in the agenda for discussion at 8:45 a.m. Authorization
Certificate, CA2407, will be acted upon after discussion of Compliance Case 10.16.
A Consent Agenda
Meeting Minutes
September 17, 2010 Board meeting minutes approved as presented.
Licensure/Examination
NCEES - Engineers: E-13465 Christopher J. Adams, Electrical; E-13454 Andrew J. Ayers, Civil; E-13464
Derek J. Baker, Civil; E-13439 Anthony E. Bond, Mechanical; E-13467 Christopher J. Cardillo, Civil; E-
13466 Matthew S. Church, Civil; E-13463 Joshua Richard Lee Collins, Civil; E-13461 Steven Mark Colvin,
Mechanical; E-13468 Terry M. Draper, Electrical; E-13453 Patrick J. Fortney, Civil; E-13457 Charles A.
Garcia, Civil; E-13440 Jeffrey Huettenmeyer, Electrical; E-13458 William P. Larson, Structural; E-13456
Jeffrey B. Rowe, Civil; E-13438 Robert J. Runge, II, Civil; E-13455 Todd B. Scheibe, Civil; E-13459 Hayden
Russell Strickland, Civil; E-13460 David Anthony Tretter, Electrical; E-13441 Craig Michael Ullmann, Civil; E-
13469 William M. Weaver, Mechanical.
NCARB - Architects: None at this time.
Temporary Permits: None at this time.
Organizational Practice - Certificate of Authorizations: CA2387 The Atkins Corporation; CA2388 RWS
Engineering Company; CA2389 Froelich Consulting Engineers Inc, CA2390 Royal Engineered Composites
Inc, CA2391 Harrison Engineering LLC; CA2392 Freeland & Kauffman Inc; CA2393 Infrastructure
Engineers Inc; CA2394 Wilkins Engineering LLC; CA2395 Denis Miller Consulting Engineers Inc; CA2396
Albertson Engineering Inc; CA2397 H&H Electric LLC, CA2398 Pike Energy Solutions LLC; CA2399
Beaudin Ganze Consulting Engineers Inc; CA2400 EMC Engineers; CA2401 Point 2 Structural Engineers
Inc; CA2402 Simon Architectural Group; CA2403 Applegate Group Inc; CA2404 Halliwell Engineering
Associates Inc; CA 2405 Braun Intertec Corporation; CA2406 Robert Shreve Architects and Planners Inc;
CA2408 Davis & Church LLC; CA2409 Krech O'Brien Mueller & Associates Inc; CA2410 Berkel & Co
Contractors Inc; CA2411 Parsons Infrastructure & Technology Group Inc; CA2412 BBCom Inc; CA2413
Erm-West Inc.
FE Examination: Brandon C. Levander, NE; Clinton J. Rhodes, NE.
Approval of Consent Agenda
Action Motion by Helgoth, second by Helgoth to approve the consent agenda. Voting Yes: Champion, Conzett,
Helgoth, Kester, Klein, Laging, Choobineh. Voting No: None. Absent: Hamersky.
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Nebraska Board of Engineers and Architects
Board Meeting Minutes
October 29, 2010
215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, NE
B Financial Matters
Budget Status Report, September 2010 - EnterpriseOne report provided for review.
MTD General Ledger Detail Report, September 2010 - EnterpriseOne report provided for review.
Fund Summary Report, September 2010 - EnterpriseOne report provided by review.
Financial Profile, FY 2010/2011, September 2010 - Chart provided for review.
ED Wilbeck reviewed the September financial reports with the Board. Current expenditures for the quarter
are lower than the same period for the last three years.
Trends in Licensure - Database report provided for review.
Trends in Renewals - Report will be corrected for the next meeting to reflect changes made to the payment
type in the database.
Trends in Certificates of Authorization - A new report was provided for Board review reflecting the history
of certificates of authorization by type. Totals for all types of certificates for each time period will be added to
the chart for the next meeting.
Other Financial Matters
Travel Reimbursement Policy - No revisions.
Approval of Financial Matters
Action Motion by Laging, second by Conzett to approve financial matters as reviewed. Voting Yes: Champion,
Conzett, Helgoth, Kester, Klein, Laging, Choobineh. Voting No: None. Absent: Hamersky.
C Applications
Licensing Requirements and Checklist - Forms provided.
Licensure/Examination
Applications for licensure of Engineers by Comity
Approved: Thomas Q. Barwinski, Electrical, CO; Mark R. Bendok, Structural, IL; Ryan P. Callaghan, Civil
IA; John H. Gislason, Structural, IL; Jennifer Erin Hunt, Environmental, FL; Andrew J. Keaschall, Structural,
IL; Christopher M. Malmberg, Civil, IA; Jonathan C. Popp, Civil, IA; Roland Dean Roghair, Civil, IA; Kyle W.
Smith, Structural, IL; Barry J. Stamp, Mechanical, CO; Nicholas E. Steinert, Structural, OH; Lance D.
Weatherly, Civil, SD; Shawn Lerai White, Civil, KS; Joseph A. Yoder, Mechanical, KS.
Applications for licensure of Engineers by Experience
Approved: Larry R. Bellisario, Structural, IL; Diane M. Campione, Structural, IL; Thaine W. Cook, Jr,
Control Systems, TX; R. Mark Dunning, Civil, GA; Charles E. Johnson, Sr, Civil, CO; Jerry C. Porter, Civil,
MO.
Denied: David A. Senter, Civil, CA - Does not have an ABET-EAC accredited engineering degree or 15
years of licensed experience.
Applications for licensure of Architects by Experience - None at this time.
Applications for licensure by Reinstatement
Approved: E-5583 Fawzy T. Abdelmalek; E-8351 Tarek Musleh Tarawneh; A-2304 William J. Stott.
Applications for Engineer Intern Enrollment - None at this time.
Applications to take the PPE Exam
Approved: Lindsey A. Connot, Civil, NE; Kirk M. Vanosdall, Electrical & Computer, NE.
Applications to take the ARE Exam
Approved: Matthew Stoffel, NE; Jamie D. Winters, NE.
Applications for licensure of Engineers by Comity - Special Cases
Approved: Bobak Hasanabadi, Mechanical, CA;
Applications to take the PPE Exam - Special Cases
Approved: John A. Thomazin, Structural, NE. - addressed the Board at 9:30 a.m. concerning desire to take
Structural I & II.
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Nebraska Board of Engineers and Architects
Board Meeting Minutes
October 29, 2010
215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, NE
Applications for licensure of Structural Engineers by Equivalency
Approval of Licensure/Examination Applications
Action Motion by Conzett, second by Klein to approve or deny licensure and examination applications as
discussed. Voting Yes: Champion, Conzett, Helgoth, Klein, Laging, Choobineh. Voting No: None. Absent:
Hamersky, Kester.
D
Compliance Cases
Logs
Current complaints reviewed as presented.
History of closed complaints reviewed as presented.
Due to a conflict of interest in Compliance Cases 10.08 and 10.11, Klein exited the meeting before
discussion in executive session at 9:36 a.m. It was noted that Kester also had a conflict of interest in the
same cases and had already stepped out.
Executive Session - Commenced at 9:37 a.m.
Action Motion by Helgoth, second by Conzett to enter into executive session for discussion of new and ongoing
compliance cases and issues not a matter of public information to prevent needless injury to the reputation
of those involved. The limitation for going into executive session was restated by Chair Choobineh. Voting
Yes: Champion, Conzett, Helgoth, Laging, Choobineh. Voting No: None. Absent: Hamersky. (Kester and
Klein were recused for discussion of Case 10.08 and 10.11 only.)
Action
Approved: King K. Little; Travis D. Smith.
Kester temporarily stepped out before vote on applications at 9:32 a.m. and re-entered meeting during
executive session at 9:53 a.m. after discussion of Compliance Cases 10.08 and 10.11.
Kester and Klein returned to executive session at 9:53 a.m. for discussion of Cases 10.15, 10.16, 10.17,
10.09, 10.10, and 10.13.
Executive Session - Concluded at 10:55 a.m.
Motion by Helgoth, second by Klein to close executive session for discussion of new and ongoing
compliance cases and issues not a matter of public information to prevent needless injury to the reputation
of those involved. Voting Yes: Champion, Conzett, Helgoth, Kester, Klein, Laging, Choobineh. Voting No:
None. Absent: Hamersky.
New Cases
10.15 - Summary and documentation
Reviewed in executive session.
10.16 - Summary and documentation
Reviewed in executive session.
10.17 - Summary and documentation
Reviewed in executive session.
Pending Cases
10.09 - Summary and documentation
Reviewed in executive session.
10.10 - Summary
Reviewed in executive session.
10.13 - Summary and documentation
Reviewed in executive session
10.08 - Summary and documentation
Reviewed in executive session.
10.11 - Summary and documentation
Reviewed in executive session
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Nebraska Board of Engineers and Architects
Board Meeting Minutes
October 29, 2010
215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, NE
Compliance Issues
9/14/2010 Compliance visit to City of Papillion
10/13/2010 Compliance visit to City of Blair
10/13/2010 Compliance visit to City of Fremont
CO Kohtz reported positive results from compliance visits conducted in September and October of 2010.
Valuable information was obtained during visits with city officials. The educational aspect of the visits will
hopefully ensure enforcement of the Act and reduce overall violations. The biggest issue appears to be the
lack of a coordinating professional. An article may be added to the newsletter. An attempt will be made to
get educational documents in city offices for the public. Kohtz noted he had been unable to obtain an
appointment with the City of Norfork.
Action
Action
Complaint Number 09.09 and 09.10
Kohtz will discuss the next step for non-compliance of the settlement agreements with Special Assistant
Attorney General Bartle.
Approval of Compliance Case Disposition
Motion by Conzett, second by Klein to dismiss Case 10.15 and 10.16 without prejudice, continue
investigation of Cases 10.17, 10.09, 10.10, 10.13, 10.08 and 10.11, and approve Kohtz to contact Bartle
concerning non-compliance of settlement agreements for Cases 09.09 and 09.10. Voting Yes: Champion,
Conzett, Helgoth, Kester, Klein, Laging, Choobineh. Voting No: None. Absent: Hamersky.
Approval of Certificate of Authorization
Motion by Helgoth, second by Conzett to approve Certificate of Authorization CA2407 for Qcerra LLC.
Voting Yes: Champion, Conzett, Helgoth, Kester, Klein, Laging, Choobineh. Voting No: None. Absent:
Hamersky.
Board took a 5 minute break at 11:05 a.m. before going to Other New Business on the agenda for
discussion with representatives from the Board of Geologists and State Board of Landscape Architects.
E General Information and Committee Reports
Meetings/Schedules
Board Meetings and Schedule
ED Wilbeck reported that the Capitol Ceremony and reception to honor new licensees living in Nebraska
went well. The Board was in consensus to wait to hand out new wall certificates of licensure until the next
ceremony. ED Wilbeck will check into a frame or holder for the certificates and report at the next meeting.
The next strategic planning meeting will be tentatively set up for February 10, 2011. ED Wilbeck will look
into possibilities and send an email out to the Board.
As of October 29, there are 175 registrants signed up for the continuing education seminar on ethics on
Thursday, November 4, 2010, at the Johnny Carson Theater in Lincoln. A student seminar will be held on
November 5. Since an ad in the Daily Nebraskan was cost prohibitive, an email will be sent to Chair
Choobineh to send to the College of Engineering and the Dean of the Ethics Center on Campus for faculty
and students. PIO Yanez will check to see if a news item could be put in the Daily Nebraskan.
ED Wilbeck requested that members let him know by Monday if interested in joining him for a dinner with
Arthur Schwartz after the ethics seminar on Thursday. Since it is not a Board function, members would not
be reimbursed.
Roster of Board Members
A separate header will be added above the Emeritus Board member section for clarification.
NCEES meetings - None at this time.
NCARB meetings - None at this time.
Strategic Plan
2010 Strategic Plan Update
The updated 2010 Strategic Plan was provided.
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Nebraska Board of Engineers and Architects
Board Meeting Minutes
October 29, 2010
215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, NE
Committee Reports
Proposed 2010/2011 Committee assignments
Appointment of Chair on Allied Board Committee
Practice Committee Report - None at this time
Allied Board Committee Report - None at this time
Legislative Committee Report - None at this time
Office/Staff
2011-2013 NAPE Contract Update
On October 5, 2010, NAPE/AFSME, Local 61, and the State of Nebraska reached agreement on the
contract for the period commencing July 1, 2011, and running through June 30, 2013, for the nine
bargaining units represented by NAPE. The contract provides for a 0% pay increase for all NAPE
Contract covered employees on July 1, 2011, and a 2% wage increase for all NAPE Contract covered
employees on July 1, 2012.
F New Business
Governance Issues
Board actions
Board Policy P03.02, authorizing bonuses for staff for meritorious effort, will be removed from Board policies
since employees cover by Personnel Rules or the Labor contract must be in line with provisions contained in
those documents.
Action Motion by Klein, second by Helgoth to remove Board Policy P03.02 pertaining to bonuses. Voting Yes:
Champion, Conzett, Helgoth, Kester, Klein, Laging, Choobineh. Voting No: None. Absent: Hamersky.
Board Policy P10.04, will allow licensees (other than Board members) to obtain continuing education credit
of up to 3 hours per session for participation in Negotiated Rulemaking.
Action Motion by Helgoth, second by Klein to adopt Board Policy P10.04 to allow continuing education credit for
participation in Negotiated Rule Making by licensees other than Board members. Voting Yes: Champion,
Helgoth, Klein, Choobineh. Voting No: Conzett, Kester, Laging. Absent: Hamersky. Motion carried.
Rules and Regulations - None at this time
Statute - None at this time
Legislative Items
Proposed Statute Changes, Winter 2010
At 8:45 a.m., Rich Lombardi addressed the Board and reported that Nebraska's Economic Forecasting
Board is projecting lower tax revenue, pushing the state budget gap for the next to years to over a billion
dollars. More budget cuts for agencies are likely and another sweep of cash funds is possible.
Proposed statute changes submitted by the Legislative Committee of the Board were reviewed for
submission in the 2011 legislative session. Another bill will be drafted for other issues for the 2012 session.
State engineering and architecture associations as well as other identified groups will be contacted to
discuss proposed revisions.
Action Motion by Helgoth, second by Conzett to move forward with proposed statute changes as outlined and move
to the next step of bill drafting. Voting Yes: Champion, Conzett, Helgoth, Kester, Klein, Laging, Choobineh.
Voting No: None. Absent: Hamersky.
Engineering Items
NCEES Education Standard & Credentials Evaluations process
The NCEES Engineering Education Standard as well as certain processes and definitions will be
implemented by NCEES Credentials Evaluations on January 1, 2011.
Architecture Items
NCARB postponement of implementation of Resolution 2009-02(D)
The implementation of Resolution 2009-02(D) has been postponed due a significantly higher than
anticipated cost. Paragraph (B) of this resolution is not affected by this decision. Boards are asked to
continue to prepare for the expiration of passed divisions on January 1, 2011, due to the five year window.
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Nebraska Board of Engineers and Architects
Board Meeting Minutes
October 29, 2010
215 Centennial Mall South, 5th Floor, Large Conference Room, Lincoln, NE
Other New Business
Future of NEBOG and NSBLA Boards - Svingen/Bryers
Dave Svingen, member of the Board of Geologists, and Dennis Bryers, Chair of the State Board of
Landscape Architects, addressed the Board at 11:10 a.m. In 1999, the Board of Geologists entered into a
management agreement with the Board of Engineers and Architects (NBEA) and the State Board of
Landscape Architects followed in 2000. Appreciation was expressed for past services. Because of a steep
increase in fees, both boards have investigated other options. Svingen and Bryers expressed interest in a
multi-disciplinary Board and asked that a task force be created to decide if it was feasible. Bryers stated that
combining three separate boards would support the trend of economic savings in state government. NBEA
Chair Choobineh stated the next step would be to seriously discuss the issue at the strategic planning
meeting in the Spring. Both Svingen and Bryers offered to meet as a group or with individuals to keep the
dialogue going forward. Chair Choobineh extended appreciation for their attendance stating the Board would
keep in touch.
Survey of combined boards in other states
A survey of combined boards in other states was submitted for review. The survey included structure,
regulation, committees, and fees for three state boards with combined professions.
Adjournment
The meeting was adjourned at 12:34 p.m.
_____________________________________________________
Roger Helgoth, Secretary
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