May 29, 2009 - Nebraska Board of Engineers and Architects

Nebraska Board of Engineers and ArchitectsBoard Meeting MinutesMay 29, 2009CALL THE MEETING TO ORDERThe meeting was held at the Lyceum, 228 Main Street, second floor, Brownville, NE (moved from 233Main Street, City Hall, because of inadequate lighting). The location change was posted for the public.Chair Hamersky called the meeting to order at 9:00 a.m. and informed the public of the location of theOpen Meetings Act.Roll call: Mark Champion, Fred Choobineh, Mike Conzett, Albert Hamersky, Roger Helgoth, KristaKester, Tom Laging, Dale Sall.Staff present: Melinda Pearson, Executive Director (ED); Sandra Weaver, Administrator; Jon Wilbeck,Compliance Officer (CO).Public Comment/Appointments/Attendance9:30 a.m. Bob Bartle, D.3.a., E.3.c.Co-Chairman Jim Doty and Martin Hansen, members of the Brownville Village Board were welcomedby Chair Hamersky - No public comment.Agenda ItemsApproval or adjustment of the listed agendaNo adjustments made.A Consent Agenda1 Meeting MinutesApril 17, 2009 meeting minutes as presented.2 Licensure/ExaminationaNCEES - Engineers: E-12917 Linda Allen; E-12918 Thomas A. Bouffard; E-12905 John A. Carroll; E-12913 Tracy Griffin; E-12911 Clint J. Harris; E-12910 Paul D. Haslach; E-12907 Matthew G. Hull; E-12912 Mark Allen Line; E-12906 Joseph Parsley; E-12914 Paula W. Pelzer; E-12909 Bradley Pleima;E-12916 Ryan John Reader; E-12915 Jason B. Sparrow; E-12924 Thomas Daniel; E-12920 GhassenF. Elkhatib; E-12919 William H. Epp; E-12921 Gregory J. Fendler; E-12926 Dennis A. Huckaba, II; E-12922 Scott A. Lucas; E-12925 Dwayne Marlborough; E-12923 Todd M. Schroeder; E-12927 NathanWesselius; E-12928 William L. Wormington.bNCARB - Architects: A-3903 William Joseph Ackal; A-3906 James J. Holmberg; A-3907 LawrenceLott; A-3902 Zon Maurice Sullenberger; A-3908 Michael J. Ceferin; A-3911 Geoffrey Allen Chevlin; A-3910 Gerri Kielhofner; A-3912 Matthew D. Werner.cTemporary Permits: T-467 Norman L. Bennion, Engineering; T-468 Walter D. Blessing, Engineering;T-469 Jen Teck Kao, Engineering; T-470 Timothy R. Phelan, Engineering.dOrganizational Practice - Certificate of Authorizations: CA2145 Ross Design Group LLC; CA2146ADF Engineering Inc; CA2147 EvapTech Inc; CA2148 Visioneering Studios Inc; CA2149 WohnradeCivil Engineers Inc; CA2150 Hungry Horse Engineering Inc; CA2151 Flexible Lifeline Systems;CA2152 Tulsa Engineering & Planning Assoc Inc; CA2153 Melroy Engineering Inc; CA2154 NatgunCorporation; CA2155 Wind Consultants LLC; CA2156 McGuire Systems Inc; CA2157 MoodyEngineering Inc; CA2158 Kucirek Engineering Inc; CA2159 Nangia Engineering of Texas Ltd; CA2160GBC Design Inc; CA2161 Scaffold Engineering Inc; CA2162 ProAg Engineering Inc; CA2163 GoforthBrake Architects Inc; CA2164 PHM Engineering Inc; CA2165 GEOServices LLC.eFE Examination Applications: Michaela M. McBride, NE; Anselme D. Nassa, NE; Kevin M. Wright,NE.Approval of Consent AgendaAction Motion by Sall, second by Conzett to approve the consent agenda. Voting Yes: Sall, Champion,Choobineh, Conzett, Helgoth, Kester, Laging, Hamersky. Voting No: None. Absent: None.B Financial Matters1 Budget Status Report, April 2009. NIS report provided for review.2 General Ledger by Business Unit Report, April 2009. NIS report provided for review.3 Fund Summary Report, April 2009. NIS report provided for review.4 Financial Profile, April 2009. Report provided for review.F:\Board Info\NBEA\Meetings\2009\May 29, 2009\Minutes_090529.xlsVersion: 7/2/2009 A.1.a.Pg 1 Page 1 of 6

Nebraska Board of Engineers and ArchitectsBoard Meeting MinutesMay 29, 2009Trends in Licensure. Database report provided for review. ED Pearson noted a downward trend this56year in administered engineering exams in Nebraska.Trends in Renewals. Database report provided for review.7Other Financial MattersaRevised Travel Reimbursement PolicyThe Travel Policy was revised to reflect LB 533 changes that became effective May 27, 2009, byemergency clause. Expenses must be submitted within 60 days from the date of expense (or from thelast day of a trip) and all food/meal expenses equal to or greater than $5.00 must have an itemizedmeal receipt.8ContractsaNCEES Exam Administration AgreementAn agreement for NCEES to provide engineering test administration services for the Board wasreviewed. The initial term of the agreement is one year beginning on the effective date of theagreement and automatically renews for additional one-year periods. The agreement can beterminated by one of the parties by giving ninety (90) days written notice to the other party, prior to theend of the term. The Board address will be updated on the agreement.Action Motion by Helgoth, second by Laging to approve Chair Hamersky to sign the NCEES ExamAdministration Agreement. Voting Yes: Sall, Champion, Choobineh, Conzett, Helgoth, Kester, Laging,Hamersky. Voting No: None. Absent: None.Action Motion by Conzett, second by Helgoth to approve all other financial matters. Voting Yes: Sall,Champion, Choobineh, Conzett, Helgoth, Kester, Laging, Hamersky. Voting No: None. Absent: None.C Applications1 a Licensing Requirements, Checklist and Form Letter Codes. Forms provided.2aLicensure/ExaminationApplications for licensure of Engineers by ComitybccdeApproved: Norman D. Atwood, MO; Jamison R. Mulvey, WI; Michael T. Pietschmann, CO; EmmanuelPoulin, FL; Brandon J. Reynolds, IA; Dong Chen, OH.Applications for licensure of Engineers by ExperienceApproved: John W. Collins, LA; Steven J. Gridley, PA; Brian D. Meyer, MN; Alan Abramson, NY.Applications for licensure of Architects by ExperienceApproved: Herman A. Hams, SD.Applications for licensure of by ReinstatementEngineers Approved: E-8790 Asgar Faal-AmiriApplications to take the PPE ExamApproved: John A. Dolton, Mechanical, NE; Frances G. Pitruzzello Taylor, Civil, NE.Deferred: Matthew Robert Leaper, Mechanical, NE - A detailed list of mechanical work experience willbe required since the applicant's degree was obtained in Architectural Engineering.ED Pearson will submit a Board policy for review at the next meeting to address examination requestsand experience requirements for a discipline that is different than the discipline degree.fApplications to take the ARE ExamApproved: Nongpanga Apple P. Alahmad, NE; David J. Warner, NE; Matthew Whaley, NE; JenniferE. Williams, CA; Timothy Rogers, NE.gApplications for licensure/examination - Special CasesNone at this time.hApplications for licensure of Structural Engineers by EquivApproved: Basant K. SatpathyApproval of Licensure/Examination ApplicationsAction Motion by Laging, second by Choobineh to approve or defer applications as discussed. Voting Yes:Sall, Champion, Choobineh, Conzett, Helgoth, Kester, Laging, Hamersky. Voting No: None. Absent:None.F:\Board Info\NBEA\Meetings\2009\May 29, 2009\Minutes_090529.xlsVersion: 7/2/2009 A.1.a.Pg 2 Page 2 of 6

Nebraska Board of Engineers and ArchitectsBoard Meeting MinutesMay 29, 2009D Compliance Cases1 LogsabActionAction2 New Casesa3bcdefabcdeCurrent complaints reviewed as presented.History of closed complaints reviewed as presented.Executive Session - Commenced at 10:55 a.m.Motion by Helgoth, second by Laging to enter into executive session to discuss new and pendingcompliance cases not a matter of public information to prevent needless injury to the reputation ofthose involved. The limitation for going into executive session was restated by Chair Hamersky. VotingYes: Sall, Champion, Choobineh, Conzett, Helgoth, Kester, Laging, Hamersky. Voting No: None.Absent: None.Executive Session - Concluded at 1:06 p.m.Motion by Sall, second by Champion to close executive session for discussion of new and pendingcompliance cases not a matter of public information to prevent needless injury to the reputation ofthose involved. Voting Yes: Sall, Champion, Choobineh, Conzett, Helgoth, Kester, Laging, Hamersky.Voting No: None. Absent: None.09.07 - Summary and documentation reviewed.Respondent will be asked to appear before the Board at the next meeting to explain why theBoard should not enter into disciplinary action.09.08 - Summary and documentation reviewed.Consent agreement to be prepared with a $1,000.00 fine for unlicensed practice, a reprimand foroffering/practicing with an expired license, and a $400.00 fine for not having a Certificate ofAuthorization for the firm. Applications are required to be filed for both reinstatment of the licenseand a new Certificate of Authorization.09.09 - Summary and documentation reviewed.Consent agreement to be prepared with a $2,500.00 fine for unlicensed practice. This agreementis combined with Cases 09.10 for the same recipient.09.10 - Summary and documentation reviewed.See dispensation notes on 09.08 for same recipient.09.11 - Summary and documentation reviewed.Reprimand to be issued to licensee for violation of Rule 5.5.7, with a $500.00 fine and therequirement to write a publishable article for the Board's newsletter. In addition, a letter will bewritten to the building contractor involved stating that this is potentially an unlicensed practiceissue and they should be aware of this situation in the future (no fine, at this time).09.12 - Summary and documentation reviewed.Consent agreement to be prepared with a $1,000.00 fine for the unlicensed practice ofarchitecture and a $100.00 fine for use of an improper seal. In addition, it is noted that the Boardbelieves that plan-stamping may be involved but will not be imposed with a penalty.Pending Cases08.01 - Summary and documentation reviewed.Closure without prejudice.08.10 - Summary and documentation reviewed.No new information. CO Wilbeck will continue to monitor the case.08.16 - Summary and documentation reviewed.Consent agreement to be prepared with a $1,000.00 fine for unlicensed practice of architecture.Additional letter to be written to licensee involved.08.21 - Summary and documentation reviewed.CO Wilbeck will visit City of Auburn to gather information. Consent agreement to be prepared witha $500.00 fine for each offer to practice engineering (3 cases). CO Wilbeck will verify theprojects with the City of Auburn.09.02 - Summary and documentation reviewed.F:\Board Info\NBEA\Meetings\2009\May 29, 2009\Minutes_090529.xlsVersion: 7/2/2009 A.1.a.Pg 3 Page 3 of 6

Nebraska Board of Engineers and ArchitectsBoard Meeting MinutesMay 29, 2009Closure recommended with a letter to remind the Respondent of the law pertaining to the use ofthe term "professional engineer" in Nebraska.f09.05 - Summary and documentation reviewed.Ongoing investigation.g09.06 - Summary and documentation reviewed.Closure of case.4 Case Recommendationsa09.01 - Summary, documentation and recommendation reviewed.Closure without prejudice.b09.04 - Summary, documentation and recommendation reviewed.Closure without prejudice.5 Compliance IssuesaNDEQ Letter of Warning - Ryan BrandtTabled to next meeting.Action Motion by Choobineh, second by Kester to approve compliance case disposition as discussed orrecommended by CO Wilbeck. Voting Yes: Sall, Champion, Choobineh, Conzett, Helgoth, Kester,Hamersky. Voting No: Laging. Absent: None.EGeneral Information and Committee Reports1 Meetings/SchedulesaBoard Meetings and ScheduleConzett and Helgoth will be traveling to Reston, VA, to attend an ASCE Education Seminar concerning"Raising the Bar" to be held July 31 to August 2, 2009.Concerning future Board meetings; Conzett will not be able to attend the October 16 board meetingand Sall will not be able to attend the November 20 board meeting.bRoster of Board membersNo changes at this time.cNCEES meetingsChoobineh, Conzett, Helgoth, Sall and ED Pearson plan to attend the NCEES Annual Meeting inLouisville, KY, on August 12-15, 2009. Choobineh is the funded delegate for the Board and Conzettand Sall will be funded by NCEES.A letter was received from the West Virginia State Board of Registration for Professional Engineersrequesting consideration of Mr. Leonard "Joe" Timms, Jr. for the Member Board vote for President-Elect of NCEES.dNCARB meetingsLaging, Champion, Sall and ED Pearson plan to attend the NCARB Annual Meeting in Chicago, IL onJune 17-20, 2009. Champion is the funded delegate and voting member for the Board.2 Strategic PlanaStrategic Plan UpdateThe 2009 Strategic Planning Session was held May 28, 2009. The summary will be acted on at thenext Board meeting on June 26, 2009.3abcCommittee ReportsAlternative Delivery Methods Committee update - None at this time.B+30 Focus Group update - None at this time.Coordinating Professionals Committee updateCommittee members Champion, Helgoth, Laging, ED Pearson and consultant Elizabeth Nelson metMay 18, 2009, at 1:00 p.m. at the Board office.Special Assistant Bob Bartle provided an opinion concerning Certified Trade Professionals and CodeOfficial responsibilities as requested by the Board. Statute changes for the 2011 legislative session willbe considered. Since a permit owner may not be exempt from the Engineers and Architects Act, theBoard would like to create an atmosphere of teamwork with Code officials for non-compliant practicebecause of health and safety issues. The lack of a statewide building code appears to confuse mayunlicensed (public) persons.F:\Board Info\NBEA\Meetings\2009\May 29, 2009\Minutes_090529.xlsVersion: 7/2/2009 A.1.a.Pg 4 Page 4 of 6

Nebraska Board of Engineers and ArchitectsBoard Meeting MinutesMay 29, 2009F45abA letter was received from The Joint Committee on Professional Practice opposing the reduction of thenumber of non-compliant building complaints by revising the building exemption matrix andredefining/broadening the definition of the "Coordinating Professional". The Board requested thatmore information be given to the Joint Committee so that they understand the position of the Boardmore clearly, particularly the requirements for the Coordinating Professional.Maps showing geo-addressing of licensees and organizations by zip code were reviewed by the Board.Staff will be updating this information with additional maps of Nebraska differentiating betweenlicensed professionals by discipline, as well as the origin of compliance issues.Contractual UpdatesNone at this time.Office/StaffComment concerning NeSPE visit and presentationAn Emeritus member commended ED Pearson for the recent visit and presentation to the ColumbusNeSPE group.Fiscal year end closing schedule for accounting and payrollLB 315, Section 3, will reappropriate unexpended appropriation balances existing on June 30, 2009. Amemo with the time schedule for fiscal year-end tasks was sent from DAS Accounting.New Business1 Governance IssuesaBoard actionsPolicy P09.01 was approved to allow compensation for structural engineers conducting StructuralEquivalency Reviews to receive a $50.00 stipend and 2 continuing education units for each evaluationcompleted in a timely manner.ActionMotion by Helgoth, second by Laging to adopt Board Policy P09.01 with a $50 stipend and two (2)hours of continuing education units for each completed case. Voting Yes: Sall, Champion, Choobineh,Conzett, Helgoth, Kester, Laging, Hamersky. Voting No: None. Absent: None.SPCC policy considerationA letter was received from a licensee urging the Board to reconsider their position that self-certificationis not permitted in Nebraska. ED Pearson will draft a response letter and review with Helgoth beforemailing indicating that in concurrence with NDEQ, Nebraska will continue to require engineeringlicensure for SPCC plans in accordance with Board Policy 07.08.bRules and RegulationsNone at this time.cStatuteNone at this time.dLegislative ItemsAppropriations Committee proposed biennium budget - LB 315/AM 889The Nebraska Legislature's Appropriation Committee concluded deliberations on the Biennium Budgetfor FY 2009-2011 during the last week in April. The budget went to the full Legislature for debatebeginning Tuesday, May 5, 2009.Legislative updateAn updated list of legislative bills and summaries received from American Communications Group wasreviewed by the Board.LR205 interim studyLegislative Resolution 205 introduced on May 18, 2009, is an interim study conducted by the UrbanAffairs Committee to review the status of current state law regarding the various building andconstruction codes currently in use by cities and villages. The committee will make a report of itsfindings and recommendations to the Legislative Council or Legislature when complete.2 Engineering ItemsaState Fire Marshal information requestA letter was sent to the Nebraska State Fire Marshal requesting specific information regardingstatewide building projects. Information would be used to evaluate unlicensed practice and results willbe shared with the Unlicensed Practice Committee.F:\Board Info\NBEA\Meetings\2009\May 29, 2009\Minutes_090529.xlsVersion: 7/2/2009 A.1.a.Pg 5 Page 5 of 6

Nebraska Board of Engineers and ArchitectsBoard Meeting MinutesMay 29, 200934bccabcdabcActiondArchitecture ItemsNCARB announces improvements to the Intern Development ProgramNCARB is updating the Intern Development Program (IDP) requirements to more closely align with thecurrent practice of architecture. IDP 2.0 will help ensure interns acquire comprehensive trainingessential for competent practice and find experience reporting easier.IDP 2.0 FAQsA Q&A factsheet explaining IDP 2.0 updates to the Intern Development Program (IDP) was reviewedby the Board.NCARB Fast Facts/IDP 2.0Improvements to the IDP Program are based on the 2007 Practice Analysis and offer several benefitsto interns. Phase One is to go into effect on July 1, 2009. Phase Two will be implemented in January2010, contingent on the passage of Resolution 2009-04 at the Annual Meeting in June 2009. PhaseThree is scheduled for January 2011.Other New BusinessContinuing EducationTentative plans for a Board sponsored Continuing Education Seminar at the Strategic Air Command inAshland, NE were discussed at the Strategic Planning Session on May 28, 2009. The one-day seminaris planned for October 15, 2009, at this time.Organizational practice - None at this timeEmeritus Reinstatement RequestAn Emeritus member inadvertently let his Emeritus status lapse in 2007. He was approved to reinstatewith payment of fees.Motion by Sall, second by Helgoth to reinstate Emeritus status for Steven F. Holmstrom based oncurrent policy and the completed reinstatement affidavit. Voting Yes: Sall, Champion, Choobineh,Conzett, Helgoth, Kester, Laging, Hamersky. Voting No: None. Absent: None.AdjournmentVodicka correspondenceCorrespondence concerning a request to be grandfathered as a Structural Engineer in Nebraska wasreviewed. Currently, there are no provisions in the Engineers and Architects Act to license through agrandfather clause. CO Wilbeck will send a response letter to Mr. Vodicka.NCEES policy for evaluations on distance education programsA memo was received from the NCEES reaffirming the policy of the Center not to conduct evaluationson distance education programs.Future changes to NCEES exams and supporting materialsEffective with the April 2010 exam administration, there will be several changes to the NCEES examsand supporting material. Effective with the October 2010 administration, the Agricultural PE examspecifications will be revised and the Candidate Management System will be implemented. Effectivewith the April 2011 exam administration, the 16-Hour Structural exam will be implemented.NCARB IPD Task Force Report to Board of DirectorsThe IPD Task Force was established to review whether NCARB's Model Law recommendationsregarding an architect's exercise of "responsible control" over building design remained appropriate inlight of evolving project delivery methods and technology. Task Force findings and recommendationswere reviewed by the Board.Electronic application processingNebraska.gov is working with the Board to implement application processing with payment by creditcards online. Architect and engineer exam application processing will be the first to go live.Motion by Helgoth, second by Laging to adjourn at 1:23 p.m._________________________________________Krista L. Kester, SecretaryF:\Board Info\NBEA\Meetings\2009\May 29, 2009\Minutes_090529.xlsVersion: 7/2/2009 A.1.a.Pg 6 Page 6 of 6