Board of Professional Land Surveyors
Minutes – 11/10/2005
Page 4
Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES: Board of Professional Land Surveyors
MEETING DATE AND TIME: Thursday, May 18April 20March 16December January 19th15,, 2005 2006 at 98:30 a.m.
PLACE: 861 Silver Lake Boulevard, Dover, Delaware
Conference Room A, Second floor of the Cannon Building
MINUTES APPROVED: Approved 06/15/062/16/2006Thursday, January 19, 2006
MEMBERS PRESENT
Board of Professional Land Surveyors
Minutes – 12/15/20051/1903/16/204/205/18/2006
Page 3
Elton Murray, Chairman, Professional Member, PresidingRoy B. Adams Kemp III, Vice-Chairman, Professional Member
Roy B. Kemp, Vice-Chairman, Professional Member
Lena M. Corder, Secretary, Public Member
Amos W. Aiken, Public Member
Michael J. EarlySzymanski, Professional Member
Victor Kennedy, Secretary, Public Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL PRESENT
Frederick H. SchranckAbby AdamsFrederick Schrank, Deputy Attorney General
Kay WarrenKay Warren, Deputy Deputy Director, Division of Professional Regulation
Peggy A. Foreit, Administrative Specialist II
Katie Rochester, Administrative Specialist II
MEMBERS ABSENT
NoneTheodore Ressler, Public Member
Elton Murray, Chairman, Professional Member
Russel Dolbeare, Professional Member
Russel Dolbeare, Professional Member
None
Russel Dolbeare, Professional Member
Victor Kennedy, Public Member
ALSO PRESENT
Gregg Hook
CALL TO ORDER
Mr. MurrayKemp called the meeting to order at 98:40 4355 a.m.
REVIEW OF MINUTES
The board reviewed the minutes of the November 10thDecember 15th, 2005FebruaryMarchApril 20, 2006 Meeting. A change in wording was made to the section “Other Business”.with an amendment from KennedyDolbeare and Mr. Szymanski. Mr. MurrayAikenKempAiken A change in wording was made to the section “Land Surveyor Renewal and Licensing Update”. Mr. Early made a motion to approve the meeting minutes with the amended changes the amended minutes, with the amended changes, seconded by Mr. Aikens. Corder AikenMr. Aiken. SzymanskiKennedy. The motion was unanimously carried.
Board of Professional Land Surveyors
Minutes – 1/19/2006
Page 2
UNFINISHED BUSINESS
The Board was presented with copies of letters from James Collins to Senator McBride and Representative Hudson for the for the Mr. Murray, Mr. Kemp and Mr. Aiken volunteered to represent nNewPLS House Bill that changes the court venue from Superior Court to Justice of the Peace Court.for court venue change. Ms. Warren explained that the letters were sent by
James Collins, DPR Director, in order to obtain in an effort to receive sponsorship of the bill by either a House Representative or a Senator. for the bills Sponsorship is necessary in order to get the bill introduced and passed during this session. in order to get them passed. Senator McBride and Representative Hudson were sent letters. should it be necessaryis still in Draft stages and needs a sponsorMs. Rochester stated that she would find out sponsor information from Ms. Warren. Mr. Kemp said that he would be available to answer questions concerning the bill should it be necessary. Michael T. , the newly appointed Professional Member, to the board.of service
Discussion of the 143rd Legislative SectionFinal 143rd Legislative Session Board Order
The Board of Professional Land Surveyors reviewed the final draft of the proposed legislation to amend §2706(12) (f) and §2717 from Title 24 of the Delaware Code. Section §2706(12)(f) will delete the fee schedule and allow for the Division of Professional Regulation to set the required fees. Mr. Early questioned what a certificate of registration meant in this section. Peggy Foreit stated that the terminology referred to the actual license not the wall certificate. Section §2717 will change the jurisdiction over penalties from Superior Court to the Justice of the Peace Court.
A motion was made by Mr. Early and seconded by Mr. Kemp to approve the legislation for submission to James Collins, Director of the Division of Professional Regulation. The motion was unanimously carried.A final letter needs to be drafted for submission to James Collins in order to have the changes to amend §2706(12)(f) and §2717 from Title 24 of the Delaware Code. Section §2706(12)(f) will delete the fee schedule and have the Division of Professional Regulation set the fees.
Mr. Schranck will A draft la letter for Mr. Murray’s signature in order to present the legislative changes to Mr. Collins. Mr. Collins will submit the changes to the legislature in February, 2006.will be provided after review by Mr. Schranck.
Final Version of the Document Retention ScheduleComplaints to Close
Complaint# 05-01-05 and Complaint# 05-02-05 were closed with the approval of the board contacts. Mr. Gregg Hook was available during the meeting. Mr. Hook stated to the board that upon realizing his business cards stated professional land surveyor instead of professional land surveying they were immediately changed.Peggy Foreit supplied a copy of the Document Retention Schedule to the board. A discussion took place on when applications are considered abandoned. Peggy Foreit stated that after 6 months the Division sends a letter to the applicant asking them whether or not they want to continue the application process. If candidates do not act on an application after one year, then that application is considered abandoned and sent to storage.
Brochure for Delaware Technical CollegeClarification of Land Surveyor Seals, Rubber Stamps and Signatures
The board stated that the land surveyor seal should contain only the last three digits of the license number. Mr. Schranck stated that the first 5 digits were an identifying number and the last three were appropriate to be used on the seal. Peggy Foreit will update the website to make it cleared to newly licensed professional land surveyors that the seal should contain only the last three numbers.
Mr. Early and Mr. Kemp expressed concern that the Board not be involved in putting out emails with continuing education attachments that are board approved. All members were in agreement that the Continuing Education portion of the website should be developed and continuing education courses with approved personal development hours (pdh) be put on the website.
NEW BUSINESS
The board received a request from Delaware Technical & Community College – Owens Campus for the approval of: “Introduction to Autodesk Land Desktop (LLD)” for 21 PDH’s and “Introduction to Mapping and GIS” for 7 PDH’s. The college explained that these are ongoing courses and that they will request approval for these courses every two years. Upon that guarantee the board approved the courses. Mr. Kemp made a motion and seconded by
Mr. Szymanski. The Board unanimously approved.
Review of Land Surveyor Applications
The Board reviewed the applications of Donald Lane and Alan O. Kent for licensure. A motion was made by Mr. Kemp and seconded by Mr. Murray to table these applications until the next meeting because required documentation was not submitted to complete the application process. The Board unanimously approved the motion.Dolbeare denyamount of experience for…
The Board reviewed the application of William M. Ewald, Sr. for licensure. A motion was made by Mr. Kemp and seconded by Mr. Szymanski to deny the application due to the fact that the required documentation was not submitted to complete the application process. The Board unanimously approved the motion.
tabler. C. Wayne Sweikert sent a letter requesting a hearing. Deputy Attorney General Schrank suggested that the Board deny the hearing at this time based upon the fact that the Board still did not have enough information from the applicant in order to move forward with the process. Mr. Schrank suggested that the Board notify Mr. Sweikert of this decision and to have Mr. Sweikert obtain legal counsel to assist him or have his legal counsel contact Mr. Schrank to discuss the matter. Mr. Kemp made a motion to deny the hearing seconded by Mr. Murray. The Board unanimously approved the motion.
Mr. Szymanski presented a drafted letter to the Board for their review concerning Plats and Monument placement. Mr. Szymanski drafted the letter which he feels should be sent to all municipalities and county governments to ensure that they are aware of the Minimum Technical Standards and that recorded plats are in compliance with said Standards. Mr. Schrank suggested that the Board Administrative Specialist contact DelDot to receive a mailing list. The target date for the mailing of the letter is mid May. Mr. Kemp motioned that the letter be approved and should be mailed by the Board Administrative Specialist. The motion was seconded by Mr. Murray. The Board unanimously approved the motion.
Upon further review of Rules and Regulations for 10.0 and 16.0, Mr. Kemp decided that the wording was Mr. Collins addressed the Board to discuss online renewal for 2007 which coincides with these two subsections. He stated that he wanted the Board to consider providing their licensee renewals on line. Mr. Collins offered that in lieu of sending in a log attesting to Professional Development Hours the licensee may attest to them on line. Mr. Collins further said that audits will still be conducted and the licensee would still have to produce records supporting their attestation. Mr. Szymanski posed the question of what would happen to an individual if they attested to courses that they could not substantiate. Mr. Collins responded by stating that the licensee would be subject to disciplinary action as is currently handled. The motion was made by Mr. Szymanski and seconded by Mr. Kemp to proceed with on line renewals. The Board unanimously approved the motion.
NEW BUSINESS
Kay Warren, Deputy Director for the Division of Professional Regulation, gave a Power Ppoint pPresentation on the Voluntary Treatment Option pProgram (VTO) that is offered for many licensees. The VTO Pprogram gives licensees the opportunity to get assistance if they have an addiction problem prior to that problem affecting their work. Several questions were posed by the board and answered by Ms. Warren. The program requires a board member to be a coordinator for the program. Mr. Szymanski volunteered to be the coordinator. The Board agreed.
Review of State Drainage Results from the April 2006 Exam
The Board reviewed the results and commented that with only a 35% passing rate they may need to review the exam in an effort to see if there are any major changes that would prevent one from passing the exam.
Mr. Szymanski presented a drafted letter to the Board for their review concerning Plats and Monument placement. Mr. Szymanski drafted the letter which he feels should be sent to all municipalities so that they can ensure that they are aware of the Minimum Technical Standards and that recorded plats are in compliance with said Standards. are properly recording and receiving accurate surveys. Mr. Dolbeare motioned that the letter be tabled until the next meeting so that Mr. Schrank would have time to review it and discuss with the Board. The motion was seconded by Mr. Aiken. The Board unanimously approved the motion.
Review of Applications for Licensure
The Board reviewed and approved the following applicants for licensure: Timothy Cawood, Roger Fields, Paul Moody, and Charles Ruzicka. The motion was made by Mr. Szymanski and seconded by Mr. Aiken. The Board unanimously approved the motion.
Review of Application for Exam(s)
The Board reviewed the application forof Danielavid Simmonshumate for licensure. A motion was made by
Mr. MurrayKemp and seconded by Mr. AikenKennedy to denytable the application of Mr. Shumate. Mr. Shumate due to the fact that thedid not supply the required documentation was not submitted to complete the application process. The Board unanimously approved the motion.
The letter for Emeritus status for Mike Early was drafted and brought before the Board for their approval and signature to be submitted to NCEES. The motion was made by Mr. Murray and seconded by Mr. Kemp to submit the letter. The Board unanimously approved the motion.
The election of a new secretary needed to be done in order to replace Lena Corder whose term had ended in February. Mr. Aiken made a motion to nominate Mr. Kennedy. Mr. Szymanski seconded the motion. The Board unanimously approved.
The Board reviewed Rules & Regulations for 10.0 and 16.0. There is some conflicting information concerning Professional Development Hours and time to renew a license. The Board agreed that this needs to be revised prior to next year’s renewal. The motion was made by Mr. Kemp to table this until the next meeting to review with Mr. Schrank. The motion was seconded by Mr. Dolbeare. The Board unanimously approved the motion.
A proposal for 2011 Annual Meeting was brought before the board to discuss whether they would be interested in hosting the meeting. No decision was made.
The NSPS Conference is coming in April and Ms. Foreit asked the Board if anyone was interested in attending the conference. No one on the Board was planning on attending.
The Board reviewed the Mr. . A motion was made Mr. Kemp and seconded by Mr. Kennedy to deny the application for license because Mr. Adamsmeet the minimum experience requirement for licensure as a Professional Land SurveyorThe Board unanimously approved the motion.
The Board reviewed the application of Mr. Donald Lance. A motion was made by Mr. Kemp and seconded by Mr. Murray to approve the applicant to sit for the Fundamentals of Surveying, Principles and Practices of Surveying and the State Drainage Examination in April, 2006. The Board unanimously approved the motion.
Peggy Foreit presented the application again of Matthew Brickley. At a previous board meeting the board denied Mr. Brickley’s application for failure to submit the required responsible charge experience. Mr. Kemp Early stated that the application was confusing with regards to several elements of documentation. Mr. Brickley came forwarded and explained his application and the difference in experience submitted to the board on a prior application. The board was satisfied with the explanation for Mr. Brickley. A motion was made by Mr. Early and seconded by Mr. Murray to approve the application of Mr. Matthew Brickley to sit for the national and state drainage examinations. The board unanimously approved the motion.
Board of Professional Land Surveyors
Minutes – 1/19/2006
Page 3
John Conner’s reapplication was reviewed by the board. Mr. Conner had satisfied the requirements for licensure through the completion of his continuing education requirement. The Board stipulated that Mr. Conner would be required to submit a written statement that all land surveys performed by him from July 1, 2005 through and including the present were certified by a professional land surveyor who was licensed other than Mr. Conner. Mr. Conner would be required to pay all fees. Upon receipt of the required documentation and fees, Mr. Conner’s license would be issued. A motion was made by Mr. Early and seconded by Mr. Aiken to approve the application pending receipt of the documentation and fees. The board unanimously approved the motion.